posted on April 28, 2003 08:49:21 AM new
Maybe this mayor will see that sometimes the little guy DOES stand a chance. This is an update to a post I did on Eminent Domain.
Lawyers offer free counsel to West End; 04/28/03; V. David Sartin, Plain Dealer Reporter
Lakewood - The Shops at West End development may lead to an interesting test of a law that allows a municipality to forcibly buy land for a public benefit.
A Washington-based law firm has agreed to challenge the use of eminent domain on behalf of a small band of homeowners and businesses who would have to sell land for the project.
Two lawyers for the Institute for Justice, a libertarian, nonprofit organization with a $6 million budget and at least 20 attorneys, spent part of last week in Lakewood.
Mayor Madeline Cain's administration has hired Anthony Coyne as special counsel to the city.
Coyne, a 10-year member of the Cleveland Planning Commission, specializes in land-use disputes. He and his law partners helped Fairview Park take land once occupied by decrepit motels along Lorain Road, aided Eastlake in assembling land for a baseball park, and helped Garfield Heights buy land for a city-backed redevelopment near Interstate 480. His firm will be paid about $190 per hour.
Cain has proposed providing $35 million in public financing to help private developers build at least 200 condominiums, shops, restaurants and businesses on about 20 acres near Riverside Drive and Detroit Avenue.
About 50 homes, several businesses and 1,000 apartment units would have to be destroyed. Because of tax implications, the deal must be approved by City Council and the Lakewood Board of Education.
Lawyers for both sides concede that federal and state law allows the city to buy the land at a fair price if it is to be used for public benefit.
But Dana Berliner of the Institute for Justice said yesterday that the group will challenge eminent domain because the land will benefit investors.
"Taking people's homes for private homes, private retail and private housing is not a public purpose," said Berliner, whose group will take the case without a fee.
"People should be worried," she said. "If they can take these homes, they can take others, too."
In five years ending in 2002, more than 400 properties were taken in Ohio for projects benefiting private developers, she said.
But Coyne yesterday said that land can be taken to spark economic and community development. Land in Cleveland around the Key Tower, the BP Building and Erieview was bought with eminent domain or threat of eminent domain, he said."
end article
Comparing land bought from slum lords in downtown Cleveland to build the BP and Erieview buildings can hardly compare to this. They tore down old decrepit office buildings not people's homes. Looks like Coyne will be grabbing at straws.
posted on April 28, 2003 03:14:17 PM new
twelvepole
These people aren't trying to keep the economy down. They are trying to save their homes. Knowing the area, it's prime real estate overlooking what is called the Valley around here. Developers have been trying to get their hands on it for years. Seems they've finally found a mayor they can buy. There is nothing wrong with the economy in Lakewood. Heavens, you don't even have to put your trash at the curb. The trashmen come to your backyard to get it. I wouldn't call Bonnie Bell small potatoes. Their offices are smack in the middle of what is being taken.
Mostly condos and retail stores will be replacing the homes. Oh yes, and an entertainment complex. The apartment complex they want to tear down is 1000 units occupied by mostly senior citizens with no where else to go. There are also a couple of historic buildings in the area they want to demolish.
posted on April 29, 2003 01:21:58 PM new
Historical Society should be able to save the buildings if they have any significant historical value... just old isn't one of the criteria...
Lets see 1000 units with mostly elderly and no place else to go....
Those are the only 55+ apartments in town?
I find that hard to believe... but what did I read about costco might move in there also... is this what most of the fight is over, costco?
Cheryl
