Kelo Update: New London Stalemate, the Virus Spreads, and a Local “Aha!”

Overview: In the original Kelo situation, New London’s council, which demanded the resignation of New London Development Corporation executives, doesn’t have the power to force them out. Other eminent-domain attempts are picking up steam. Finally, a particularly outrageous Cincinnati-area eminent-domain attempt is being legally represented by the Chairman of the one of the county’s political parties (guess which one?).

Oct. 13 UPDATE: See Comment #1 below. The city is represented by “guess who” and the developers are reprented by the law firm at which the interim chairman of the Hamilton County GOP is a partner–I do not know whether that person is actually “on the case.”).
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Here is a strangely-headlined report about the New London standoff:

New Battle Over Eminent Domain Erupts In New London–Officials Admit They Don’t Have Power To Fire NLDC

NEW LONDON, Conn. — A new battle over eminent domain erupted in New London Monday night, NBC 30 Connecticut News reported.

The city council gave the New London Development Corporation a week to change the leadership of that agency, but it’s been two weeks and nothing has changed.

Two weeks ago, the city council gave the New London Development Corporation one week to change its leadership, or it would dissolve the group altogether. But NLDC has not taken any action as of Monday.

“If they’re going to fire them, then fire them,” said resident Bill Cornish. “If they’re not going to fire them, then don’t fire them.”

During the council meeting, officials admitted that they don’t have the power to force NLDC to change its leadership. Now, the council has asked the city attorney to see if the city can take legal action against the development group.

Battle? The phrase “all bark and no bite” comes to mind.

Meanwhile, the attention honeymoon that has provided short-lived immunity to those in the sights of the eminent domain tyrants since the Supreme Court’s ruling may be coming to an end:

• Michelle Malkin reports on one developer acing out another in Union Township, NJ on the apparent basis of political contributions. Trouble is, the aced-out developer happens to own the land. No problem: The township is taking it through eminent domain for the other developer.
• Michelle also refers to a situation in Riviera Beach, FL that Rush mentioned in his broadcast earlier this week and that Sharp As a Marble posts on. His commenters are clearly divided along “class” lines, making for interesting but discouraging reading.
• The third situation Michelle mentions is in Norwood near Cincinnati, and strikes close to home (like, less than 20 miles). Now here’s a revelation from case background–It shows that opportunistic liberal attorneys can be added to the list of Kelo supporters, along with the environmentalists identified in this previous post. Finding out who the attorney representing Norwood is should represent a “holy bleep” moment for people in the Greater Cincinnati area (I confess, though, that I didn’t say “bleep”; bolds are mine):
  

  Ohio attorney Timothy Burke can attest to that. He’s trying to help the city of Norwood, Ohio, move forward with a $125 million development plan that includes 200 condos, an office complex and retail space complete with a Crate & Barrel.

  He described Norwood as an old rustbelt community struggling to revive since the closure of a General Motors plant.

  “What the mayor has consistently said is we have to remake the city of Norwood,” said Burke, of Manley Burke in Cincinnati.

  But Norwood is facing a big obstacle: five residents who refuse to sell their property to pave way for the development. Burke said so far, 75 of the 80 property owners have reached agreements to sell with the developer. But the remaining five are holding out, maintaining that Norwood abused its discretion by designating their neighborhood as “blighted” and “deteriorated.”

  On June 14, a judge ruled that Norwood can force the owners out using its eminent domain powers, but the owners are appealing. City of Norwood v. Burton, A0308646 (Hamilton Co. Com. Pleas).

  “There are 75 property owners out there going nuts, saying to the developers, ‘When are you going to buy us?’ ” Burke said. “But the developer is saying, ‘We’re not going to do that until we can get them all.’ ”

  (Scott) Bullock, of the Institute for Justice, is handling the appeal. He said he will challenge Ohio’sdeteriorating statute, which he calls “incredibly broad.”

  “It says any neighborhood can be taken by eminent domain. Unless it is really interpreted narrowly it raises serious constitutional questions and violates the public purpose requirement of the Ohio Constitution,” Bullock said.

  On appeal, Bullock said he also hopes to show that the Norwood case “is one of the most perfect examples of a government renting out its eminent domain authority to a private entity, and that’s exactly what the city of Norwood did in this case.”

  Timothy (Tim) Burke of the law firm Manley Burke just happens to be the Chair of the Hamilton County Democratic Party. In fact, he appears to be quite the authority (scroll down to April 20 for the University of Dayton at link) on planning and executing eminent-domain tyranny.

  Liberals, who claim to be for “the little guy,” seem to have sympathy for Kelo-style victims ranging from “a mile wide and an inch deep” to non-existent.