Tuesday, June 28, 2005

Closing Arguments in Daytona Beach Case

Today in Florida:
Closing arguments were presented Tuesday in a trial that pits boardwalk businesses against the city, which wants to build condos in their place.

But the business owners don't want to give up their land for the price being offered, WESH 2 News reported.

The city's attorneys are trying to persuade a judge to force the property owners to sell their land so a private developer can demolish the boardwalk businesses and move forward with plans to build a $120 million hotel-condo project.

The city claims the area is blighted and that it has the right to take the property under eminent domain laws for the purpose of economic development.

But attorneys for the property and business owners of the Midway Fun Center, Fun Fair go-kart rides and Capt. Darrell's Oyster Bar and Restaurant say the properties are not blighted and that many improvements have been made over the years.

They are also arguing that the public purpose of a hotel-condo project does not outweigh the taking of their properties.

After Tuesday's closing arguments, both sides will have 10 days to submit a written argument to the judge.

The defendants have already said that if the judge rules in favor of the city, they plan on asking for a new trial and possibly filing an appeal.