Home Depot meeting tonight
The Village Council meets tonight at City Hall (3500 Pan American Drive). The Home Depot issue is up for discussion along with various other issues.
Milam's is pushing the Home Depot, claiming that it is the only way they can survive in the Grove.
Say NO to Home Depot. It will hurt the neithborhood. It will hurt the Grove. It's so apt that today is 6-6-6, the day the devil (Home Depot) comes to City Hall.
Milam's is pushing the Home Depot, claiming that it is the only way they can survive in the Grove.
Say NO to Home Depot. It will hurt the neithborhood. It will hurt the Grove. It's so apt that today is 6-6-6, the day the devil (Home Depot) comes to City Hall.
posted by Tom Falco at 8:00 AM
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6 Comments:
Assuming local activists are successful in getting the City to retroactively apply greater zoning restrictions to the site of the proposed Home Depot, I wonder who plans to foot the bill for the inevitable Takings Clause lawsuit? Has anybody thought this through?
I'm not nearly so sanguine about that.
You sound like a lawyer so you should know that retroactive application of zoning restrictions that severely impair a property's economic value or development potential can be considered a public taking under the 14th Amendment, regardless of what arguments the State may have about the legitimacy of the restriction.
And I don't know where you get that this would be a 12(b)(6) motion, as any federal judge would almost certainly want to consider some evidence before ruling.
grove residents should be the ones to file a takings suit if the Home Depot does set up shop... for all the minutes of our lifetime we'll lose to the ensuing traffic nightmare.
and poopoo on milam's for siding with the orange evil. i'll buy my USweekly and ben&jerrys elsewhere, thank you.
No, I'm not a County Atty. I'm just another asshole with a law license.
The problem is that it is very difficult to get accurate information on the zoning issues. My understanding was that the pre-existing applicable zoning laws would allow over 500k total sq. ft. of retail space on that property, and that the only way to prevent something like the proposed Strang design or a standard Home Depot from being built would be to retroactively apply the new zoning law restricting the size of any store in the Grove to 70k sq. ft.
That's a huge disparity from what you are saying.
I think Home Depot is just what the population in the grove has been begging for. None of the cultural events are getting support. The grove has turned into a regular neighborhood and should expect the Home Depots to move in on it.
I went to the neighborhood association meeting at the Sailing Club, Thursday evening, and was particularly annoyed by the "tree lady" -- i.e., the busy-body who lives in a condo but spends her free time hectoring the rest of us about what to do with our property. I loved the comparison of trees to "children and pets." Priceless. Problem is that none of my pets or children have ever been leaning dangerously against my roof after being uprooted by a hurricane.
The "tree lady" should buy herself a small ranch in north Florida.
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