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Editor: Stephen Clowney
Univ. of Kentucky College of Law

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Tuesday, September 27, 2011

Kelo in the News II

Littlepink Justice Richard N. Palmer of the Connecticut Supreme Court, one of the four justices who voted with the 4-3 majority against Susette Kelo and her neighbors, had a face-to-face encounter with Ms. Kelo and Jeff Benedict, author of Little Pink House, at a 2010 dinner party. According to Benedict, the Justice said "Had I known all of what you [Benedict] just told us, I would have voted differently."

Justice Palmer later provided some context for the remark.  "Those comments," he wrote, "were predicated on certain facts that we did not know (and could not have known) at the time of our decision and of which I was not fully aware until your talk — namely, that the city's development plan had never materialized and, as a result, years later, the land at issue remains barren and wholly undeveloped." He later added that he could not know of those facts "because they were not yet in existence."

Benedict's take on the encounter is here.

Steve Clowney

(HT: Sarah Waldeck)

http://lawprofessors.typepad.com/property/2011/09/kelo-in-the-news-ii.html

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Comments

As anyone who works with real estate development knows, litigation can kill projects. It's hard to sort out how much the litigation that Ms. Kelo brought and pursued all the way to the USSC contributed to the failure of the proposed redevelopment project. I don't see how anyone could confidently state that the project would have failed if the lawsuit had not been brought.

Posted by: Tim Iglesias | Oct 1, 2011 10:07:02 AM

DBTH ("Death by a thousand days") is a tactic well-employed by the anti-development/environmental community. Is delay resulting from a property owner's claim that her constitutional rights are violated by questionable government actions the price that must be paid for resolving such complaints? And in most situations (unlike environmental claims), in challenges to condemnation actions, the gov't may take possession of the property without delay, and in many jurisdictions is entitled to expedited consideration of the property owner's public use claim.

Posted by: Robert Thomas | Oct 3, 2011 11:55:10 AM

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