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The egregious eminent domain takings case below is an example of what Rick Perry and the Texas legislature have in mind for Texas in SB 18, the eminent domain bill Perry wants rushed through as an "emergency" to throw a bone to his oil & gas and developer cronies. Here's our early analysis of the draft of the bill. Here are two stories about eminent domain by another name in Texas here and here. Is it any wonder Perry added "pipelines" to the definition of public use in SB 18?
Scranton authority loses eminent domain case to Lackawanna Avenue property owners
BY JEREMY G. BURTON (STAFF WRITER)
Published: January 21, 2011
Times Tribune
Two downtown Scranton property owners have won a nearly five-year court battle to prevent the city's redevelopment authority from seizing their buildings by eminent domain.
Lackawanna County Judge Robert A. Mazzoni ruled on Thursday that the Scranton Redevelopment Authority "arbitrarily" tried to condemn the properties of Giovanni Piccolino, who owns Buona Pizza at 504 Lackawanna Ave., and Stanley Stadolny, who owns 506 Lackawanna.
The fight over those parcels had fueled a political controversy over the 500 block of Lackawanna Avenue, where a $29 million renovation project was championed by Mayor Chris Doherty, the SRA and developer Donald Rinaldi.
Mr. Piccolino and Tom Moran, owner of nearby Coney Island Texas Lunch, asserted they were left out of the project, while city officials said the businesses had rejected a chance to join.
In August 2006, the SRA moved to take Mr. Piccolino's and Mr. Stadolny's lots, arguing they were blighted.
Judge Mazzoni, however, upheld the defendants' objections that the SRA ignored state law and lacked the power to condemn the two properties.
An ecstatic Mr. Piccolino said the prolonged court proceedings had forced his pizzeria into limbo, unable to renovate, secure loans or invest in itself. He promised "bigger and better" things for Buona Pizza, and he lashed out at city officials.
"If they just left us alone, we could've remodeled ourselves, or they could have included us," said Mr. Piccolino, who was a candidate for city council in 2007.
Mr. Doherty and William Lazor, chairman of the SRA, said lawyers must review the judge's decision before deciding whether to appeal, but both still believe eminent domain was the right move in retrospect.
The mayor did say, though, that the issue may be irrelevant by now, since the "Renaissance at 500" project is virtually complete.
"I'm happy with what came out of the 500 block," he said.
The attorney for Mr. Piccolino and Mr. Stadolny, Boyd Hughes, said the SRA had no grounds for appeal and the authority attempted to "totally sidestep" the law.
According to Mr. Hughes - a former SRA solicitor and now the solicitor for city council - the SRA will be required to reimburse the defendants' legal costs.
Read more: http://thetimes-tribune.com/news/business/scranton-authority-loses-eminent-domain-case-to-lackawanna-avenue-property-owners-1.1093423#ixzz1BvzSm067