Supreme Court Refuses To Hear Port Chester Property Case
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WASHINGTON — The Supreme Court yesterday refused to consider a property rights case involving a redevelopment project in Westchester County, where businesses are fighting local government efforts to take their land.
The businesses say the village of Port Chester, filed a condemnation petition to acquire their property the day after they rejected what they said was a demand by the project developer for $800,000.
The developer allegedly was demanding the money or a 50% interest in the business people’s own project to put a CVS Pharmacy on the site.
In response to the action by Port Chester, property owner Bart Didden and his partners sued, saying the condemnation was purely for private financial gain and not for a public purpose.
A federal judge and the 2nd U.S. Circuit Court of Appeals say the property owners waited too long to complain in court.
Port Chester and the developer agreed to the redevelopment in 1999 and Mr. Didden and his partners waited three years to file a legal challenge, lawyers for the village and developer say.
