· 7/28/2003
Pascoag Reservoir & Dam, LLC v. Rhode Island
Citations
- 337 F.3d 87
- 33 Envtl. L. Rep. (Envtl. Law Inst.) 20246
- 56 ERC (BNA) 1947
- 2003 U.S. App. LEXIS 14931
- 2003 WL 21730581
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that if the failure to bring a state inverse condemnation claim could be excused simply because that claim was time-barred, the exception “would swallow the general rule of state remedy exhaustion”
- holding that Rhode Island’s inverse condemnation action was not unavailable, inadequate, or futile at the time of the taking even though it was time-barred at the time the federal suit was brought
- noting that futility is an exception to this prong
- rejecting a futility argument because the plaintiffs claims were barred by the statute of limitations
- affirming dismissal of takings claim with prejudice because the plaintiff’s “failure to bring a timely suit for compensation under state law has led to the forfeiture of its federal taking claim.”
- noting only “just compensation” prong applies to claim involving physical appropriation
Source: CourtListener parenthetical corpus (CC0).
Judges: Boudin, Torruella, Lipez
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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