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In his testimony, Mullin masterfully cut through the NLDC’s cumbersome municipal-development plan, reducing it to the essential facts. The plan divided the ninety acres into seven parcels. Only two of the parcels, 3 and 4-A, had homes remaining within them. The plan called for office space and parking facilities on Parcel 3. The four properties within Parcel 3 that belonged to the plaintiffs amounted to less than one acre.

The rest of the properties in the lawsuit—Susette’s, Von Winkle’s, and the Dery homes—were in Parcel 4-A. The development plan had no specific plans for Parcel 4-A.

Combined, the plaintiffs’ properties amounted to less than 2 percent of the ninety-acre footprint of the NLDC’s development area. Yet the agency had consistently insisted that it had to obtain and clear every inch in order for its plan to work.

During the trial, Bullock had asked Mullin, “Is it common for land to be entirely cleared for new development?”

“It’s very uncommon,” Mullin said. “Over the last ten years in New England, I can only remember one instance where this took place, which was Bridgeport, where there is a large degree of housing that was abandoned and where there was a large degree of chemical contamination that caused this to happen. But other than that I can’t point to a single large clearance project anywhere in New England.” Mullin had based his opinion on over one hundred redevelopment projects he had worked on or studied.

Then Bullock asked him, “Are existing structures, based on your experience with urban waterfront, commonly kept in those areas where new development is undertaken?”

“Increasingly, yes, they are,” Mullin testified.

When Bullock asked him if it was necessary to take the four homes on Parcel 3 in order to achieve the development’s objectives for that parcel, he said no; the homes could be easily included in the plan. Regarding Parcel 4-A where Susette’s house sat, Mullin said the NLDC’s plan called for that parcel to be used for “park support.” Mullin had never heard that term before, but assumed it referred to parking space for the upgraded state park.

When Londregan and O’Connell had their chance to cross-examine Mullin, they could not turn up anything to contradict or undermine what he had said.

Corradino couldn’t ignore Mullin’s points. But at the same time, he couldn’t ignore a point Londregan had made over and over again. Nearly 50 percent of New London’s land base was not on the tax rolls. Only one city in New England—Boston—had more tax-exempt land. But Boston was more than ten times bigger than New London. Without the ability to assemble large tracts of land for economic development, New London was doomed.

His research complete, Corradino retired to his home to pen his decision.

35

SPLITTING THE BABY

March 13, 2002

It was late in the afternoon when Tom Londregan got a call from the courthouse informing him that Judge Corradino had issued his decision and planned to release it the following morning. The clerk invited Londregan to come in that afternoon to receive an advance copy.

Scott Sawyer got the same message. He immediately telephoned Bullock in Washington. Bullock told Sawyer to call him the minute he got his hands on it.

As soon as the courthouse officially closed, Londregan, Sawyer, and Ed O’Connell filed into Judge Martin’s chambers. A big cardboard box containing copies of the 249-page decision rested on the desk. “Judge Corradino has given his decision,” Judge Martin said, inviting the lawyers to take copies.

“How many do you need, Scott?” Martin asked.

Sawyer asked for three.

“Some of the plaintiffs are going to like it; Kelo will like it. Von Winkle will like it,” Martin said. “But Beyer and a couple of others aren’t going to like it.”

The lawyers knew what that meant—a split decision.

“He split the baby?” Londregan blurted out, dumbfounded.

“He found a way to split the baby,” Martin said.

“I gotta read this,” Londregan said, flipping through the pages.

“Can I go now?” Sawyer asked.

Martin nodded, and Sawyer hustled