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January 18, 2007
Justices Decline to Take Up New Eminent Domain Case
The NY Times
By Linda Greenhouse
The Supreme Court on Tuesday bypassed an opportunity to revisit or limit its much-disputed 2005 ruling that upheld governmental power to use eminent domain to foster economic development.
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The lawsuit accused Gregg Wasser, G & S Port Chester’s owner, of having improperly demanded a financial stake in the plan for the CVS store as the price for permission to proceed with it.
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Even if there was interest on the court in revisiting the issue, the justices might have seen the Port Chester case as a poor vehicle for doing so, because the lower courts based their dismissal on the property owner’s failure to file his lawsuit within the three-year statute of limitations. The suit should have been filed within three years of the village’s July 1999 adoption of the redevelopment plan, the courts ruled, rejecting Mr. Didden’s argument that the clock did not start running until late 2003, when the village announced that it would take his property.“I’m so disillusioned with the whole court system at this point,” Mr. Didden said on Tuesday.
The same article mentions that the Supreme Court declined to "hear a California utility company’s appeal of a ruling that required administrative review of the potential environmental impact of a terrorist attack on the Diablo Canyon nuclear power plant in San Luis Obispo."
In contrast, there has been no "review of the potentional environmental impact of a terrorist attack" on Atlantic Yards.
Posted by lumi at January 18, 2007 8:12 AM