Norwood v. Horney

2006

Court: OH Supreme Court

Facts: Norwood has an area that is maybe starting to deteriorate; they want to take it.

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?

Dicta: