An Inverse Condemnation Claim is Ripe for Judicial Review when the Facts Supporting the Taking are Well Developed, the Challenged Action is Final, and the Impact on the Parties is Direct and Immediate*
The Town of Windham and PPI Enterprises have been involved in ongoing litigation regarding PPI’s proposed site plan application to construct a self-storage facility. In August of 2021, after a prior appeal was remanded to the Windham Planning Board, the Board denied site plan approval due in part to safety concerns regarding the ten-percent grade of an access road. On appeal to the Superior Court, PPI argued the Board’s consecutive denials of the site plan application rendered the property “essentially undevelopable, therefore resulting in an inverse condemnation without just co