Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

City Not Entitled To Seize...Properties (Court Reverses Eminent Domain- But, Already demolished)
WCPO ^ | 27 Jan 07 | Richard Chiles

Posted on 01/27/2007 7:21:08 PM PST by xzins

A ruling by an appeals court leaves no question.

Cincinnati was not entitled to acquire Clif-Cor properties in Clifton Heights by eminent domain.

Now the future for the Calhoun Street business district near the University of Cincinnati is in question.

This section of the Clifton Heights business district, one a vibrant strip, has been reduced to a pile of rubble.

While the judge's ruling is clear, it has left more questions.

The Hardee's and Arby's restaurants have both been boarded up.

Joe Kennedy's Acropolis restaurant has been torn down.

But what happens next for the proposed McMillan development?

The plan and the vision were clear. Build a multi-million dollar mixed use residential and commercial center to serve the University of Cincinnati and Clifton Heights community.

With a mix of condos and luxury apartments and several retail units, the development would be a catalyst for a struggling neighborhood.

Instead this block has become a pile of rubble.

The existing business where labeled "blight" and seized by the City of Cincinnati.

Business owners and managers like Maria Manning, of Papa Dino's, are frustrated that the city labeled their vibrant business blight.

"It's really sad that those people lost their business," said Manning. "They lost their livelihood. That's where they fed their families and now it's just an empty hole."

Now the remaining occupants struggle as a result of reduced foot traffic.

Stay with WCPO.com and WCPO-TV for updates. Please click "refresh" on your browser to view the most recent version of this story.


TOPICS: Extended News; News/Current Events
KEYWORDS: eminentdomain; govwatch; propertyrights; scotus; snafu
Navigation: use the links below to view more comments.
first 1-2021-4041-54 next last

Once vibrant business district now has become an eyesore (WCPO/WCPO.com)

1 posted on 01/27/2007 7:21:09 PM PST by xzins
[ Post Reply | Private Reply | View Replies]

To: P-Marlowe; blue-duncan; jude24; Kolokotronis; Congressman Billybob

Comments?

Who gets it now???


2 posted on 01/27/2007 7:22:37 PM PST by xzins (Retired Army Chaplain and proud of it! Supporting our troops means praying for them to WIN!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: xzins

The poison fruit of the Tree of Liberalism is harvested once again.


3 posted on 01/27/2007 7:24:03 PM PST by GladesGuru (In a society predicated upon Liberty, it is essential to examine principles, - -)
[ Post Reply | Private Reply | To 1 | View Replies]

To: xzins
I lived in Cinti back in the sixties -- Kennedy Heights, then Mount Lookout. It was a great place to live and I loved the city.

But what the hell has it become?

4 posted on 01/27/2007 7:25:54 PM PST by okie01 (The Mainstream Media: IGNORANCE ON PARADE)
[ Post Reply | Private Reply | To 1 | View Replies]

To: GladesGuru; jude24

Just curiosity, but, how in the world can you demolish something that's appealed???

Isn't that the issue?


5 posted on 01/27/2007 7:26:04 PM PST by xzins (Retired Army Chaplain and proud of it! Supporting our troops means praying for them to WIN!)
[ Post Reply | Private Reply | To 3 | View Replies]

To: xzins

That was exactly my first question..........


6 posted on 01/27/2007 7:27:08 PM PST by Gabz (I like mine with lettuce and tomato, heinz57 and french-fried potatoes)
[ Post Reply | Private Reply | To 5 | View Replies]

To: okie01
what the hell??

What your tagline says:

IGNORANCE ON PARADE

7 posted on 01/27/2007 7:28:17 PM PST by xzins (Retired Army Chaplain and proud of it! Supporting our troops means praying for them to WIN!)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Gabz

In some kind of weird Catch 22 logic, I guess the city CAN now maintain that the area is blighted....and seize it under eminent domain.

Wouldn't that be hysterical/sad/incredible?


8 posted on 01/27/2007 7:30:50 PM PST by xzins (Retired Army Chaplain and proud of it! Supporting our troops means praying for them to WIN!)
[ Post Reply | Private Reply | To 6 | View Replies]

It occurs to me that those responsible knew they were doing wrong. Somebody should be lined up against a wall and shot to set an example so that this piracy isn't duplicated.


9 posted on 01/27/2007 7:33:17 PM PST by KarinG1 (Opinions expressed in this post are my own and do not necessarily represent those of sane people.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: xzins
Wouldn't that be hysterical/sad/incredible?

I can think of a few other phrases/adjectives more appropriate - but not for on the forum :)

10 posted on 01/27/2007 7:35:39 PM PST by Gabz (I like mine with lettuce and tomato, heinz57 and french-fried potatoes)
[ Post Reply | Private Reply | To 8 | View Replies]

To: xzins; P-Marlowe; jude24; Kolokotronis; Congressman Billybob

Depends on whether some of the people accepted what the city offered or what the court judged as appropriate damaged and who rejected the offers and appealed. Those that won the appeal get their property back with damages for wrongful taking and if they were businesses lost profits. The rest of the land belongs to the city and it can do what it wants. I assume what usually happens is only a few appealed and they will get a "bonus" buyout offer from the city or the developer and eventually will sell out and the development will go through. It's "only" a matter of how much!


11 posted on 01/27/2007 7:36:01 PM PST by blue-duncan
[ Post Reply | Private Reply | To 2 | View Replies]

To: xzins

Big Government tyranny BUMP


12 posted on 01/27/2007 7:36:09 PM PST by Lancey Howard
[ Post Reply | Private Reply | To 1 | View Replies]

To: xzins
"Comments?

Who gets it now???"

I suspect the City will have to pay some hellacious damages and the property owners will get to keep and perhaps later sell their land.
13 posted on 01/27/2007 7:38:58 PM PST by Kolokotronis (Christ is Risen, and you, o death, are annihilated!)
[ Post Reply | Private Reply | To 2 | View Replies]

To: KarinG1
It occurs to me that those responsible knew they were doing wrong. Somebody should be lined up against a wall and shot to set an example

Naahh...I think they need to be sued and forced to pay for having the whole area restored to exactly the same as it was before.

14 posted on 01/27/2007 7:40:50 PM PST by Aarchaeus
[ Post Reply | Private Reply | To 9 | View Replies]

To: xzins
Who gets it now.

Want to bet the city claims it?

15 posted on 01/27/2007 7:42:39 PM PST by mware (By all that you hold dear.. on this good earth... I bid you stand! Men of the West!)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Kolokotronis

This is being driven by the University of Cincinnati. The university couldn't legally fund private property(being a state institution). They did however, try to skirt the rules by using money from the "foundation". The non profit endowment arm of the university. The whole thing has come back to bite 'em in the ass. The existing shops have no parking to speak of. The rent starts at $40.00 per square foot and goes up. The is rumors of an investigation...


16 posted on 01/27/2007 7:46:03 PM PST by chadwimc
[ Post Reply | Private Reply | To 13 | View Replies]

To: xzins; P-Marlowe; blue-duncan
Just curiosity, but, how in the world can you demolish something that's appealed???

This is just a guess, but I would assume that a stay was not issued, so if the eminent domain is rejected upon appeal, then payment of damages would probably be ordered.

17 posted on 01/27/2007 7:51:23 PM PST by jude24
[ Post Reply | Private Reply | To 5 | View Replies]

To: chadwimc
A buddy of mine from way back in my prep school days is a high bush cranberry lawyer in Cincinnati. I think I'll give him a call on Monday and see what he has for G2 about this.
18 posted on 01/27/2007 7:58:04 PM PST by Kolokotronis (Christ is Risen, and you, o death, are annihilated!)
[ Post Reply | Private Reply | To 16 | View Replies]

To: mware

See my #8


19 posted on 01/27/2007 8:00:20 PM PST by xzins (Retired Army Chaplain and proud of it! Supporting our troops means praying for them to WIN!)
[ Post Reply | Private Reply | To 15 | View Replies]

To: xzins

I think that decision was the second worst ruling to come out of the SC in its history. Right after Roe Wade.


20 posted on 01/27/2007 8:03:02 PM PST by mware (By all that you hold dear.. on this good earth... I bid you stand! Men of the West!)
[ Post Reply | Private Reply | To 8 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-54 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson