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DUGGAN, J. The defendant, Korean Methodist Church of New Hampshire (Church), appeals the denial by the Superior Court (Coffey, J.) of its preliminary objection to the declaration of taking filed by the State. See RSA 498-A:9-a, :9-b (Supp. 2007). We affirm.

Duggan, J. The plaintiffs, Pennichuck Corporation, Pennichuck Water Works, Inc., Pennichuck East Utility, Inc. and Pittsfield Aqueduct Company, Inc. (Pennichuck), appeal an order by the Superior Court (Lynn, C.J.) granting summary judgment to the defendant, City of Nashua (City), and ruling that the provisions of RSA chapter 38 (2000 & Supp. 2005) do not constitute a per se inverse condemnation in violation of the New Hampshire Constitution. The court also ruled that the City filed its petition with the New Hampshire Public Utilities Commission (PUC) within a reasonable time and that it was not barred by laches. We affirm.

The defendant City of Nashua (City) has begun proceedings before the New Hampshire Public Utilities Commission (PUC) seeking to acquire by eminent domain certain plants and property owned by the plaintiffs, Pennichuck Corporation and its wholly owned subsidiaries (Pennichuck), in order to establish a publicly owned or controlled water utility, as authorized by RSA chapter 38 (1997). Pennichuck instituted this declaratory judgment action in an effort to terminate or limit the City’s attempt to condemn its property. The matter comes before the court at this time on the parties’ cross motions for summary judgment. With the exception of one claim which is not yet ripe for adjudication and another as to which dismissal without prejudice is appropriate, I conclude that the City’s motion for summary judgment must be granted and Pennichuck’s cross motion must be denied.