Ohio Supreme Court
The Legal Foundation filed an amicus brief on behalf of small businesses and homeowners in Norwood, Ohio who are in danger of losing their private property to a private developer if the Ohio Supreme Court does not overturn an appeals court ruling.
In the case before the Ohio Supreme Court, the city of Norwood wants to turn private properties over to a developer who plans on building chain stores, a condominium development and an office complex. Before turning to the city for assistance, the developer tried to buy the properties from the current owners. When they refused to sell, the developer sought out the city’s assistance and had the city declare that the locality he wanted was “deteriorating.” Before the developer approached the city government, the locality had no plans to redevelop. With this new “deteriorating” label, the city of Norwood was then able to transfer the title of the property to the developer. The appeals court approved the city’s action, citing that the Ohio constitution does not forbid government takings, and said the only requirement a locality must meet before taking property is to produce a record demonstrating that a sound reasoning process had occurred.
This case all-too-well highlights the injustices that property owners, including many small businesses, face when it comes to battling a local government’s liberal interpretation of blight.
Status: DECIDED. Amicus brief filed on behalf of Gamble et al. on Nov. 9, 2005. Oral argument held Jan. 11, 2006. Court ruled in favor of Gamble and other property owners July 26, 2006.
