WE WON!!!

The Ohio Supreme Court today, in a unanimous opinion, ruled that under the Ohio Constitution: 1) "economic development" is not, by itself, a public use that would justify the exercise of eminent domain powers; 2) Ohio courts must apply "heightened scrutiny" when reviewing statutes that regulate the use of eminent domain powers; 3) the use of the "deteriorating area" standard to justify a taking is unconstitutional "because the term inherently incorporates speculation as to the future condition of the property... rather than the condition of the property at the time of the taking"; and (as a bonus) the statutory section that ostensibly prevented appellate courts from preventing the destruction of homes after the trial court's ruling in favor of the government is also unconstitutional under the separation of powers doctrine. This opinion appears to be an unequivocal home run for property owners in Ohio.

Most importantly, this means that Carl, Joy, Carol, Joe, Matthew, and Sanae will all get to go home. After living in exile for more than a year, they will get to return to where they belong. I thank everyone who in the last couple of years has offered up even one prayer on their behalf.