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PASCOAG RESERVOIR & DAM, LLC v. RHODE ISLAND

No. C.A. 01-505L.

217 F.Supp.2d 206 (2002)

PASCOAG RESERVOIR & DAM, LLC, Plaintiff, 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.

United States District Court, D. Rhode Island.

August 20, 2002.

Attorney(s) appearing for the Case

Barry J. Kusinitz, Providence, RI, for plaintiff.

James R. Lee, Attorney's Office, Mary E. Kay, R.I. Department of Environmental Management, Office of Legal Services, Claire J.V. Richards, Office of the Governor, Providence, RI, for defendant.

OPINION AND ORDER

LAGUEUX, Senior District Judge.

This lawsuit is the latest chapter in a contentious dispute between the State of Rhode Island ("State") through the Department of Environmental Management ("DEM") and Pascoag Reservoir & Dam, LLC ("Pascoag"). Plaintiff, Pascoag, claims that the State has engaged in a taking of its property, and that the United States and Rhode Island Constitutions mandate that compensation be paid to it for that...

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