CITY CANNOT BULLDOZE HOMES WHILE APPEALS STILL PENDING
NORWOOD, Ohio - Ohio's Supreme Court ruled Tuesday that the city
cannot bulldoze two houses while the homeowners try to save their
homes from commercial development.
The homes of Joy and Carl Gamble and Carol and Joe Horney cannot be
destroyed or altered, pending a further order from the court. The
Rookwood Partners development group had in mind to demolish their
homes to build commercial property to produce more tax revenue for
The Institute for Justice, a Washington-based public interest law firm
that represents land owners, argued a similar case Tuesday before the
U.S. Supreme Court. The organization is challenging the state of
Connecticut's authority to use eminent domain to demolish a
working-class neighborhood in favor of an upscale development along
the Thames River.
Eminent domain originally allowed the government to appropriate, with
compensation, private property for public use such as roads or
bridges. In 1954, the Supreme Court expanded that to include public
The city and the developer contended that they had the right to use
the power of eminent domain to acquire the property and turn it over
to the developer for urban renewal.
City attorney Gary Powell said the city has already bought the homes
through eminent domain and transferred the titles to the developer.
The city will ask the court to clarify whether its order would freeze
the transfers, Powell said.
Lease and Rental Agreements