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Kelo v. City of New London

United States Supreme Court
545 U.S. 469 (2005)

Kelo v. City of New London

Facts

In 2000, the City of New London (defendant) in Connecticut approved a new development project that involved using its eminent domain authority to seize private property to sell to private developers. The city stated that the purpose of this exercise of eminent domain was to create new jobs and increase tax revenues from the sale of property. Kelo (plaintiff) had owned a home in New London for over sixty years. Kelo's property was in one of the areas scheduled to be condemned by the city’s development project. Kelo and nine other private owners (plaintiffs) of property located in the city’s development area brought suit in Connecticut state court to challenge the project on the grounds that it violated the “public use” requirement of the Fifth Amendment. The state trial court granted an injunction prohibiting the taking of some properties but not others. The state court of appeals affirmed in part and reversed in part, upholding all of the takings. The United States Supreme Court granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (Stevens, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Concurrence (Kennedy, J.)

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Dissent (Thomas, J.)

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Dissent (O'Connor, J.)

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