| Institute for Justice Fort Trumbull Homeowners Win, Others To Appeal Institute for Justice Wins Another Eminent Domain Case |
Washington, D.C.-Property owners represented by the Institute for Justice today won a
landmark challenge to eminent domain abuse in the Fort Trumbull neighborhood of
New London, Connecticut.
Connecticut Superior Court Judge Thomas J. Corradino decided that seven of the
property owners who own 11 properties (on property known as Parcel 4A) won their
case outright while four other property owners (located on Parcel 3) will retain
possession of their homes while their case is on appeal.
"This is a great day for these property owners and the Constitution," said Scott Bullock,
senior attorney at the Washington, D.C.-based Institute for Justice. "We are absolutely
thrilled that most homeowners' rights were upheld and that they will be permitted to stay
in the homes they know and love so dearly. And we will of course appeal the decisions
for the remainder as they remain where they should be: in their homes."
"I now know how someone who has been wrongly imprisoned for four years feels," said
Matt Dery, whose family's homes were slated for taking and demolition. "But two
questions remain: what was I doing here in the first place and how do I get my four
years back? I just thank God the Institute for Justice took our case and vindicated our
rights. My mother can now rest in her home and not leave until she wants to."
The New London Development Corporation (NLDC) moved to condemn the homes and
businesses of IJ clients The Dery Family, The Cristofaro Family, Susette Kelo, Richard
Beyer, Thelma Brelesky, James and Laura Guretsky and Bill Von Winkle in the fall of
2000. On December 20, 2000, the property owners, with the help of the Institute for
Justice, began to fight back with a lawsuit challenging the constitutionality of the NLDC's
abuse of eminent domain. Eminent domain is the government's power to take private
property for a public use.
Increasingly, governments across the nation take private property not for a public use but
for private businesses in the name of "economic development." The NLDC's effort to
take property in Fort Trumbull is a premier example of this kind of abuse of power. The
City of New London delegated its eminent domain authority to the NLDC, a private-and,
therefore, unaccountable-development corporation in 2000.
"Eminent domain was meant for public projects-which are owned by and accessible to
the public-not for private office space," stressed Dana Berliner, another senior attorney
at the Institute. "The framers of the Constitution included this restriction because they
realized that the power to throw someone out of a home or ruin a business was one of
the most despotic and drastic powers of government. The City and the NLDC should
have realized that it couldn't be used for private economic development."
The New London controversy began in 1998 when pharmaceutical giant Pfizer built a
plant next door to the Fort Trumbull neighborhood. Shortly thereafter, the City and its ally,
the NLDC, determined that someone else could, in their opinion, make better use of the
land than the existing home and business owners in Fort Trumbull. So the government
and the NLDC began to condemn these properties and kick out the owners.
The battle lines in the neighborhood have been drawn for over three years. The City and
the NLDC wanted everyone out; but a group of committed property owners, including a
property owner whose family has lived in Fort Trumbull for more than 100 years and in
the same house since 1901, was not interested in selling and leaving the
neighborhood. They want to keep their homes and businesses.
The Institute for Justice works to restore substance to the constitutional requirement that
property can only be taken by the government for public use, not for the benefit of private
parties. In 1998, the Institute successfully defended Vera Coking, an elderly widow from
Atlantic City, against the attempts by a New Jersey state agency to condemn her house
of more than 35 years for Donald Trump's casino across the street.
The Institute also successfully spearheaded a campaign against eminent domain
abuse in downtown Pittsburgh, where the city mayor proposed taking more than 60
buildings and 120 privately owned businesses to give the property to a developer to
build an urban shopping mall. In November 2000, the mayor abandoned his plans and
pledged not to use eminent domain in future efforts to develop the area. In October
2000, the Institute also filed a lawsuit in federal district court in New York challenging
New York's unconstitutional eminent domain procedures and asking for an injunction to
prevent the condemnations of business properties.
Maureen Blum
Institute for Justice
Director of Outreach Programs
PHONE: 202-955-1300
FAX: 202-955-1329
EMAIL: mblum@ij.org
landmark challenge to eminent domain abuse in the Fort Trumbull neighborhood of
New London, Connecticut.
Connecticut Superior Court Judge Thomas J. Corradino decided that seven of the
property owners who own 11 properties (on property known as Parcel 4A) won their
case outright while four other property owners (located on Parcel 3) will retain
possession of their homes while their case is on appeal.
"This is a great day for these property owners and the Constitution," said Scott Bullock,
senior attorney at the Washington, D.C.-based Institute for Justice. "We are absolutely
thrilled that most homeowners' rights were upheld and that they will be permitted to stay
in the homes they know and love so dearly. And we will of course appeal the decisions
for the remainder as they remain where they should be: in their homes."
"I now know how someone who has been wrongly imprisoned for four years feels," said
Matt Dery, whose family's homes were slated for taking and demolition. "But two
questions remain: what was I doing here in the first place and how do I get my four
years back? I just thank God the Institute for Justice took our case and vindicated our
rights. My mother can now rest in her home and not leave until she wants to."
The New London Development Corporation (NLDC) moved to condemn the homes and
businesses of IJ clients The Dery Family, The Cristofaro Family, Susette Kelo, Richard
Beyer, Thelma Brelesky, James and Laura Guretsky and Bill Von Winkle in the fall of
2000. On December 20, 2000, the property owners, with the help of the Institute for
Justice, began to fight back with a lawsuit challenging the constitutionality of the NLDC's
abuse of eminent domain. Eminent domain is the government's power to take private
property for a public use.
Increasingly, governments across the nation take private property not for a public use but
for private businesses in the name of "economic development." The NLDC's effort to
take property in Fort Trumbull is a premier example of this kind of abuse of power. The
City of New London delegated its eminent domain authority to the NLDC, a private-and,
therefore, unaccountable-development corporation in 2000.
"Eminent domain was meant for public projects-which are owned by and accessible to
the public-not for private office space," stressed Dana Berliner, another senior attorney
at the Institute. "The framers of the Constitution included this restriction because they
realized that the power to throw someone out of a home or ruin a business was one of
the most despotic and drastic powers of government. The City and the NLDC should
have realized that it couldn't be used for private economic development."
The New London controversy began in 1998 when pharmaceutical giant Pfizer built a
plant next door to the Fort Trumbull neighborhood. Shortly thereafter, the City and its ally,
the NLDC, determined that someone else could, in their opinion, make better use of the
land than the existing home and business owners in Fort Trumbull. So the government
and the NLDC began to condemn these properties and kick out the owners.
The battle lines in the neighborhood have been drawn for over three years. The City and
the NLDC wanted everyone out; but a group of committed property owners, including a
property owner whose family has lived in Fort Trumbull for more than 100 years and in
the same house since 1901, was not interested in selling and leaving the
neighborhood. They want to keep their homes and businesses.
The Institute for Justice works to restore substance to the constitutional requirement that
property can only be taken by the government for public use, not for the benefit of private
parties. In 1998, the Institute successfully defended Vera Coking, an elderly widow from
Atlantic City, against the attempts by a New Jersey state agency to condemn her house
of more than 35 years for Donald Trump's casino across the street.
The Institute also successfully spearheaded a campaign against eminent domain
abuse in downtown Pittsburgh, where the city mayor proposed taking more than 60
buildings and 120 privately owned businesses to give the property to a developer to
build an urban shopping mall. In November 2000, the mayor abandoned his plans and
pledged not to use eminent domain in future efforts to develop the area. In October
2000, the Institute also filed a lawsuit in federal district court in New York challenging
New York's unconstitutional eminent domain procedures and asking for an injunction to
prevent the condemnations of business properties.
Maureen Blum
Institute for Justice
Director of Outreach Programs
PHONE: 202-955-1300
FAX: 202-955-1329
EMAIL: mblum@ij.org
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