Wednesday, July 06, 2005

IJ to Appeal Norwood, Ohio Case

The fight continues:
Less than two weeks after the U.S. Supreme Court ruled that eminent domain for private profit is constitutional under the U.S. Constitution, the Institute for Justice will ask the Ohio Supreme Court to accept a case that could rein in eminent domain abuse and protect Ohio homeowners under state law.

“With this case, the Ohio Supreme Court has a prime opportunity to do what the U.S. Supreme Court refused to do—protect home and small business owners from eminent domain abuse,” said Bert Gall, an attorney with the Institute for Justice, which is representing the Norwood property owners for free. “The U.S. Supreme Court said states are free to provide greater protection to their citizens, and given the way Ohio cities have shamelessly abused the power of eminent domain, the state’s highest court should do just that.”

IJ will file papers today asking the state’s High Court to review a decision by the Hamilton County Court of Appeals that said it was okay for the City of Norwood to condemn Carl and Joy Gamble’s home of 35 years—along with the rental home owned by small businessman Joe Horney—so private developer Jeffrey Anderson can add new chain stores, condominiums and office space to his $500,000,000 real estate empire.