Little Pink House_ A True Story of Defiance and Courage - Jeff Benedict [120]
Londregan kept reading. Corradino had accepted a major part of Londregan’s argument—the city’s municipal-development plan constituted a public use. However, Corradino concluded that the NLDC had failed to specify its intended use for any of the properties in Parcel 4-A, where Susette and Von Winkle and Dery had their homes. Without a specific use put forth, those parcels could not be taken by eminent domain.
The fact that part of Susette’s house stood in the way of a public road that the city wanted to build didn’t matter; nor did the fact that the road would be used to get people to a public park. “I lost my best argument,” Londregan complained. “The Kelo house is in the roadbed. Her house is in the fifty-foot right-of-way. How could I lose that argument?”
Corradino ignored the right-of-way issue, concluding the city could make road changes without taking homes. He focused instead on the fact that the city had failed to specify what it planned to do with all the land beneath Susette’s house and all the other houses on her block. This went to the heart of the matter for Corradino: was it reasonably necessary for the city to take these homes? Not if the city could accomplish its objectives while leaving the homes intact. In the case of Parcel 4-A, the city had failed to say why it was so vital to have those lots.
But the plaintiffs didn’t win every argument. Corradino ruled that the city could, in fact, use eminent domain to take the properties of Rich Beyer, Byron Athenian, and the Cristofaro family on Parcel 3. NLDC’s plan for that parcel was quite specific and under Connecticut law was justified, the judge determined.
“Ed,” Londregan said to O’Connell, “we followed the law. And they haven’t said we haven’t followed the law. But Judge Corradino found a way to split the baby.”
With his decision, Judge Corradino also ordered a halt on all demolitions pending any appeals. The project, for all intents and purposes, was now at a standstill.
When he was a block from the courthouse, Scott Sawyer pulled his car to the side of the road and called Bullock to tell him he had the decision.
“Read it to me,” Bullock said.
Sawyer cut to the conclusion, reading off the winners and losers. Before Sawyer finished, Bullock had done the numbers: eleven of the fifteen eminent-domain actions had been declared unconstitutional and unlawful, meaning the deeds would revert to the homeowners, who were now entitled to remain on their properties. Even the property owners who had lost, Rich Beyer (who owned two of the disputed properties), Byron Athenian, and the Cristofaro family, were entitled to hold on to their properties free from any fear of eviction or demolition until all appeals were exhausted. Any way you looked at it, Bullock figured, the plaintiffs had won.
Bullock called Susette. “The decision came down,” he told her. “And it came out favorably for you and Bill and the Derys.”
“You mean we won?” Susette shouted. Unaccustomed to winning, she couldn’t believe it was true. “This means I get to keep my house?”
Bullock chuckled and tried to calm her down. Yes, you can stay in your house, he told her. Then he gave her the bad news. “The decision was not favorable for Rich and Byron and the Cristofaros.”
Susette didn’t get it.
“The East Street–Walbach block won,” he explained. “Byron’s block lost. In other words, you won, and Byron, Cristofaro, and Rich Beyer lost.”
After Susette hung up, she shared the news with Tim LeBlanc, who had just gotten home from work. By now they had been living together in Susette’s house for almost three years, wondering the entire time whether they’d get to stay there. Although not married, they might as well have been. They shared expenses; they shared property; and they shared a bed. Time had convinced Susette that LeBlanc was the kind of man she wanted. And now that her home was safe, she felt richer than she’d ever been.
Suddenly, the phone rang. Word had gotten out. All the plaintiffs were calling one another. Everyone was meeting up at Matt Dery’s place to celebrate. Susette