Wednesday, February 23, 2005

Supreme Court eminent domain cases

The Supreme Court heard arguments from Kelo v. New London, an eminent domain case, yesterday, and while a Legal Times article this morning notes the sympathies of the justices was with the community property owners, it's less certain whether that'll be enough to translate into a favorable decision for them.

"It's been 50 years since the Supreme Court in Berman v. Parker adopted an expansive view of eminent domain," a Post-Gazette article said yesterday, highlighting some landmark cases over the past 20 years-- including the recent Norwood v. Burton case in Ohio's 1st District Court of Appeals-- but what makes this different is the City's intent to generate "much needed revenue" as opposed to the more typical housing or hospital project.

The two cases were the topic of an Enquirer article yesterday, and as part of an Institute of Justice posting. A motion for injunctive relief was granted by the Ohio Supreme Court yesterday in similar cases, City of Norwood v. Horney, and Norwodd v. Gamble.

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