Next Generation Bar Exam Quiz
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CONSTITUTIONAL LAW
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A developer bought a 50-acre parcel that includes 30 acres of tidal marsh and planned to fill the marsh to build a marina. The state denied the permit, explaining that filling the marsh would interfere with navigation and fishing and would violate longstanding restrictions on altering tidal waters. The developer believes the denial leaves the parcel with no economically beneficial use and sues. The state raises several defenses.
Which defense, if meritorious, would most likely defeat the developer's constitutional claim?
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