Little Pink House_ A True Story of Defiance and Courage - Jeff Benedict [92]
Berliner pointed out that the court took equal-protection claims more seriously when race or ethnicity was the basis for discrimination. The Fort Trumbull homeowners had not faced discrimination based on skin color or ethnicity; they simply lacked political connections to the NLDC’s decision makers.
Bullock insisted the claim was still worth raising. “It points out how absurd the NLDC’s decision rationale was,” he said. “This is a blatant example of them doing favors for those in power and neglecting those without political clout or influence.”
Berliner agreed.
Bullock wasn’t through. He insisted on a third count against the city based on the fact that taking homes wasn’t necessary for the NLDC to complete its municipal-development plan. The city had identified Susette’s block as Parcel 4-A. Besides Susette’s home, all of Von Winkle’s properties and the Derys’ properties were within Parcel 4-A. Unlike most of the other parcels within the ninety-acre development area, Parcel 4-A had not been designated for any specific construction. As a result, Bullock reasoned, it wasn’t even necessary for the NLDC to take it.
Berliner looked at him like he was nuts. “Necessity has been so watered down by the courts that it is not taken seriously anymore,” she said.
Bullock knew she was right. In recent years, courts had given greater and greater latitude to municipalities in condemning private property for public use. “But in this case,” Bullock argued, “the takings are truly unnecessary. The NLDC doesn’t even know what it’s going to do with Parcel 4-A.”
Berliner went along.
By the time Bullock and Berliner finished, they had drafted a twenty-four-page complaint alleging eight violations of law. The complaint asked the court to declare the actions by the city and the NLDC unconstitutional and illegal and to dismiss the condemnation papers filed against the homeowners.
Strangers had started showing up at Susette’s doorstep to offer support and express admiration for her stand. So she didn’t think much of it when she got home from work early one night and discovered a woman on her porch. Approaching her steps, Susette walked past the woman’s car without noticing the placard inside the front windshield. It read: “MARSHAL.”
“Can I help you?” Susette said.
“Yes. I’m here to serve you with papers for condemnation.”
“Well, I’m not accepting them.”
“What do you mean you’re not accepting them?”
“I’m not taking your damn papers.”
The marshal stared at her.
“Now get off my porch.”
The marshal didn’t budge.
“Get off my porch before I throw you off.”
She left without leaving the papers.
“Don’t ever come on my property again,” Susette said.
December 8, 2000
Dave Goebel got a simple message from the NLDC’s lawyers: “The takings have now been completed.”
On paper that was true. All the appropriate and necessary legal documents had been filed with the court and served on the property owners. Technically, the NLDC now owned all the remaining homes in Fort Trumbull. But the holdouts still had possession. It fell to Goebel to get them out.
He didn’t waste any time. That afternoon, he dashed off a letter to Susette. “On December 8, 2000, the NLDC acquired title to the Premises now occupied by you and which Premises is part of the Fort Trumbull Municipal Development Project,” he began. “NLDC hereby gives you notice that you are required to quit possession of the Premises now occupied by you ninety (90) days after the date hereof, being no later than March 9, 2001.”
Goebel gave Susette a reason to comply. Now that the NLDC owned her home, it planned to start charging her $450 per month in rent until she got out. “Occupancy payments shall be paid to the ‘NLDC,’” he wrote, telling her she would also be responsible for all utilities, maintenance, and insurance payments. “You should maintain liability insurance in the amount of $100,000 naming New London Development Corporation, as additional insured. In the event that we do not receive a Certificate, NLDC may elect