Your rights for sale in the Second Circuit: SCOTUS today denied cert, declining to review the Didden v. Village of Port Chester petition. Details here. The facts of the case are particularly egregious, a nearly textbook example of the pretextual taking the Court told us would not qualify as a taking “for public use” in Kelo. In return for a private developer’s promise to withhold an exercise of eminent domain, a landowner was offered a choice: give the developer $800,000, or a one-half interest in the owner’s planned use of the property.
When the Supreme Court denies review it does not establish any precedent or rule of law, and the Second Circuit’s decision in the case has no impact outside of that court’s geographical jurisdiction (New York, Connecticut, Vermont), so the issue remains up for grabs, and will be sure to return.