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Petitioner sought to fill wetlands for beach front subdivision, which Rhode Island Coastal Resources Management Council rejected, ruling that the proposal did not satisfy the standards for obtaining a "special exception" to fill salt marsh, whereby the proposed activity must serve a compelling public purpose. The proposal Rhode also was at odds with the Island Coastal Resources Management Program. Petitioner filed an inverse condemnation action, asserting that the State's wetlands regulations, as applied by the Council to his parcel, had taken the property without compensation in violation of the Fifth and Fourteenth Amendments. The state courts rejected the claims. The Supreme Court held that this case is ripe for review, Petitioner's acquisition of title after the regulations' effective date did not bar his takings claims, The State Supreme Court did not err in finding that petitioner failed to establish a deprivation of all economic use, for it is undisputed that his parcel retains significant development value. The remaining claim under Penn Central was remanded. Affirmed in part; remanded in part
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