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.
Once vibrant business district now has become an eyesore (WCPO/WCPO.com)
Comments?
Who gets it now???
The poison fruit of the Tree of Liberalism is harvested once again.
But what the hell has it become?
Just curiosity, but, how in the world can you demolish something that's appealed???
Isn't that the issue?
That was exactly my first question..........
What your tagline says:
IGNORANCE ON PARADE
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?
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.
I can think of a few other phrases/adjectives more appropriate - but not for on the forum :)
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!
Big Government tyranny BUMP
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.
Want to bet the city claims it?
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...
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.
See my #8
I think that decision was the second worst ruling to come out of the SC in its history. Right after Roe Wade.
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.