Constitutional Law
Mar. 26, 2025
The Kelo issues won't go away
The Rhode Island case SCLS Realty v. Town of Johnston brings the issue of "pretext" back into the spotlight, as property owners challenge the Town's use of eminent domain to block affordable housing development.
Michael M. Berger
Senior Counsel
Manatt, Phelps & Phillips LLP
2049 Century Park East
Los Angeles , CA 90067
Phone: (310) 312-4185
Fax: (310) 996-6968
Email: mmberger@manatt.com
USC Law School
Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where he is co-chair of the Appellate Practice Group. He has argued four takings cases in the U.S. Supreme Court.
Sorry to have to do this again, but we need to focus on live
issues. Last month, we discussed Bowers Development, LLC v. Oneida County
Industrial Development Agency, No. 24-670, a case then pending in the
Supreme Court while its certiorari petition was being considered. That petition
was considered last Friday and denied. Too bad. As we explained, it presented a
good opportunity to revisit a universally reviled precedent.
Me...
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