Palazzolo v. State Of Rhode Island C.A. No Wm

88-0297

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Nature of the Case

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Facts

The land is located on the south side of Winnapaug Pond, a tidal, saltwater pond. There is substantial geologic evidence which shows this pond to have been tidal for more than 2000 years. The entire southern perimeter of the pond consists of saltwater marsh. It remains nearly devoid of development. The eighteen acres of land is subject to daily tidal inundation. One-half of the site is below mean high water (MHW). The vast majority of the site is not readily available for home construction; the soil surface being composed of Matunuck mucky peat between six to eighteen inches thick. There is substantial development on the land located immediately to the west, east, and north of the pond. Although that development has in large part not involved filling of wetlands, there is no doubt that several houses at the eastern and western ends of the pond were built on fill placed over previously existing wetlands. The site owned by Palazzolo is similar to all of the remaining 146 acres of salt marsh contiguous to the pond, almost all of which is on its south side. These marshes provide valuable habitat for wildlife including birds and fish. There has been essentially no development within the salt marsh. D contends that a strong Public Trust Doctrine in Rhode Island must result in a finding that the subject parcel is not capable of being developed economically.