In a stunning decision, a Phoenix judge ruled that 13 Tempe property owners don't have to fork over their land to help make way for a $200 million Tempe shopping mall.
"It's a big victory for anybody who owns property," said Troy Valentine, a cabinet shop owner whose life has been on hold since after Tempe voted to condemn his property. If Valentine lost the case, the mall developer planned to put a movie theater about where his 12-year-old shop sits.
"I can start thinking about growth,'' he said. "I can finish off a nice showroom."
The ruling caps a legal struggle that pitted Tempe and mall developers against a cadre of property owners and small businesses, and the case was closely watched in legal circles. The East Valley already is home to Mesa's Bailey brake shop case, a 2003 decision that became a rallying cry for property rights groups. In June, a U.S. Supreme Court ruling that could give the government more power to take private property rattled those advocates.
more.....
http://www.azcentral.com/community/tempe/articles/0913condemn-ON.html