07-26-2006, 07:35 PM
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#28 (permalink)
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Easy Rider
Location: Moscow on the Ohio
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It looks like we have a victory for those of us concerned about eminent domain abuse in Ohio. The Ohio Supreme Court ruled against the city of Norwood 7-0 in their attempt to force a group of property owners to sell to a local developer. I am especially pleased that the vote was unanimous.
Quote:
Ohio Supreme Court sides with homeowners in eminent domain case
In a compelling victory for Norwood property owners, the Ohio Supreme Court Wednesday unanimously ruled that the city could not forcibly acquire their homes for economic purposes, deeming parts of the state's eminent domain laws unconstitutional and turning at least one development project on its ear.
The homes, belonging to Joy and Carl Gamble and Joseph Horney, were forcibly acquired by the city early this year after the Hamilton County Common Pleas Court cleared the way. The city's argument to take the properties, to make way for a mixed-use development that would be called Rookwood Exchange, hinged upon studies that deemed the area "blighted."
The property owners appealed to the Supreme Court, which heard their arguments in January.
The ruling may kill development of the proposed, $150 million Rookwood project, which the city said was important to helping pull it from insolvency. The project, developed in part by Jeffrey R. Anderson Real Estate, would include upscale housing, offices and retailers. Crate & Barrel was among the merchants interested in the site.
But it is a ringing victory for property rights advocates, who argued that the city's demand was a violation of the residents' constitutional rights. Five property owners originally held out; three eventually settled or were paid a sum determined by a jury. But the property of one of those three, Nick Motz of Wilker Design, also had not been razed.
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http://www.bizjournals.com/dayton/st...4/daily12.html
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