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Palazzolo v. Rhode Island

Rhode Island Superior Court

C.A. No. WM 88-0297 (2005)

Relevant factsFree

Palazzolo (plaintiff) sought a permit to fill and develop wetland lots adjoining a saltwater pond that provided natural water filtration, but the Rhode Island Coastal Resources Management Council denied the application, finding the development would add significant pollution, damage the filtration system, and destroy wildlife habitat; after the U.S. Supreme Court's ruling on the takings question, the case was remanded to the state court to reconsider whether the denial was nonetheless justified as preventing a nuisance.

IssueFree

Whether a proposed land use may be enjoined as a potential nuisance if it is clear that a nuisance will result.

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