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PASCOAG RESERVOIR & DAM, LLC v. RHODE ISLAND

Nos. 02-2179, 02-2233.

337 F.3d 87 (2003)

PASCOAG RESERVOIR & DAM, LLC, Plaintiff-Appellant/Cross-Appellee, v. The State of RHODE ISLAND, acting by and through Jan Reitsma, in his capacity as Director of the Rhode Island Department of Environmental Management, and Sheldon Whitehouse, in his capacity as Attorney General for the State of Rhode Island, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, First Circuit.

Decided July 28, 2003.

Attorney(s) appearing for the Case

Barry J. Kusinitz, for plaintiff-appellant/cross-appellee.

Michael Rubin, Assistant Attorney General, with whom Sheldon Whitehouse, Attorney General, James R. Lee, Assistant Attorney General Div. Chief for the State of Rhode Island, Claire Richards, Deputy Executive Counsel, and Mary Kay, Deputy Chief Legal Counsel, for the Rhode Island Department of Environmental Management, were on brief, for defendants-appellees/cross-appellants.

Before BOUDIN, Chief Judge, TORRUELLA and LIPEZ, Circuit Judges.

TORRUELLA, Circuit Judge.

Rhode Island, through its Department of Environmental Management, acquired an area of land in the Pascoag Reservoir ("Reservoir" or "Lake") by adverse possession and obtained a prescriptive easement on behalf of the public to use the Reservoir for recreational activities. In this inverse condemnation suit,1 Pascoag Reservoir & Dam, LLC ("Pascoag"), the Reservoir's owner, seeks compensation for that acquisition...

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