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Downing/Salt Pond Partners, L.P v. State of Rhode Island and Providence Plantations, Et

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Before Lynch, Chief Judge, Souter, Associate Justice, *fn1 and Stahl, Circuit Judge.

Downing/Salt Pond Partners, L.P., frustrated by two state agencies’ restrictions on its development of a coastal residential subdivision in Narragansett, Rhode Island, appeals the district court’s dismissal of its federal takings claims under the Supreme Court’s ripeness requirements for such claims, set forth in Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985).

Downing argues that it is excused from one Williamson County requirement, that it pursue any “adequate procedure for seeking just compensation” that state law provides, id. at 195, under a decision of this court. It argues it is excused from the other Williamson County ripeness requirement, that the relevant government agency has reached a “final decision regarding the application of the regulations to the property at issue,” id. at 186, because the state agency has not yet entered a final decision despite Downing’s repeated requests that it do so. We affirm the dismissal of the complaint, reaching only the first issue. We hold again that Rhode Island’s inverse condemnation procedure satisfies the Williamson County requirements and must be followed. See Pascoag Reservoir & Dam, LLC v. Rhode Island, 337 F.3d 87, 93 (1st Cir. 2003).

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