By:Doug Miller
Whoda thunk it would be the Michigan Supreme Court that would be the ones to sort it out?
The court on Friday overturned its famous Poletown precdent, which for 20 years was the ace of spades in the house of cards of American eminent-domain law. Named for what was once a neighborhood in Detroit, the case concerned the right of municipalities to sieze private property using a claim of eminent domain and award it to another private entity. In the original case, the court allowed Detroit to condemn an entire Polish neighborhood, including at least two churces, and give the land to General Motors, which built a Cadillac factory there.
Since then, eminent-domain siezures have become routine, and municipalities, citing the Poletown case, have only needed to show that the new use would provide greater economic benefits than the current one. The right equation might have included, say, a basketball arena rather than an apartment complex, or a Disney Company store rather than a strip joint.
Or ... a multi-use hotel and conference center, rather than acres of empty beachfront property.
Yes, this affects the Superblock plan Ñ or it might. Whether this ruling gives those fighting the plan more ammo will be determined by a judge somewhere. Will the end of Poletown end the Superblock plan? Could a Michigan ruling sway a New York judge?
For those of you who are new to our story: The City of Long Beach wants to take over a large stretch of empty property on the boardwalk side of East Broadway through eminent domain and sell it to a developer, Phillips International, which would build luxury condominiums plus a needed hotel and convention center. And parking, lots of parking Ñ but for the hotel, not for the neighbors.
ItÕs not a plan everyone is in love with. For starters, the stretch of land is owned by lots people, few of whom are keen to sell. Not all of the neighbors, it turns out, want to live next to a hotel and convention center. Many people say the area is way too crowded as it is, with little available parking. There are serious doubts about whether the areaÕs roads can handle the volume of traffic that development on this scale would potentially create.
But itÕs also true that a change in Michigan law doesnÕt change New York
law any more than legalizing gay marriages in Massachusetts legalizes them in Utah. But like the gay marriage issue, the change in Michigan law should reopen the debate on individual rights.
Those people in Brooklyn who are fighting Bruce RatnerÕs plan to move the New Jersey Nets into their neighborhood are certainly going to be reading this ruling closely. And the citizens against the Superblock could mine it for ideas as well. ItÕs available online at www.courts.michigan.gov/supremecourt/Clerk/msc_orals.htm. Scroll down to April 21, Wayne County v. Hathcock.
Calls to Phillips International, the designated Superblock developer, were not returned Tuesday, and because of the litigation involved, City Manager Glen Spirits declined to comment.
Jacob Haberman and his son Sinclair own at least half the land in question, and are suing the city to prevent the eminent-domain seizure. Jacob Haberman said he was aware of the Michigan ruling but hadnÕt yet read the opinion. ÒItÕs 80 pages!Ó he said. ÒBut it seems very encouraging.Ó
Haberman faxed a statement to the Herald Tuesday outlining his thoughts on the situation. He also faxed a letter he received from the city, threatening his son with imprisonment Ñ no kidding Ñ if he didnÕt mow the propertyÕs lawn.
Haberman sees himself as a victim in this eminent-domain dispute, and claims the cityÕs plan to develop the site was identical to his, but he lacked the political muscle to push it through. The result, he said, was that he has paid millions in taxes, and the thanks he got was a moratorium on developing the site.
Haberman also said Tuesday that he will be taking his case, with a copy of the Poletown reversal in his pocket, to the U.S. Supreme Court.
Good luck with that, said Long Beach Corporation Cousel Charles Theofan. ÒNew York courts are not bound to thisÓ ruling, Theofan said. ÒIt wonÕt impact us.Ó
Stay tuned.
