Court: |
OH Supreme Court |
|
Facts: |
Norwood has an area that is maybe starting to deteriorate; they
want to take it. |
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Posture: |
Trial said the taking was permitted. Affirmed on appeal. Appeal! |
|
Issue: |
Can a city appropriate property that's not yet deteriorated? |
|
Holding: |
No. |
|
Rule: |
The standard of "deteriorating area" is void for vagueness. |
|
Reasoning: |
This place wasn't blighted or in big trouble. There are due process
concerns here: what notice do you get that the area is deteriorating?
also, how much deterioration is enough? |
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Dicta: |
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