Red Lion uses eminent domain to dismiss trespassing lawsuit
“After a heated back and forth between council members and residents, the Red Lion Borough Council voted to use eminent domain to take possession of someone else’s property.
The ordinance passed 4-2. The vote comes after the borough was found guilty of trespassing. Scott Thompson and his wife, Sandra Graham, sued the borough for trespassing after the borough built a parking lot against one of their properties.
“They even pled guilty to trespassing and in doing so, they have to un-trespass themselves,” Thompson said.
Earlier this year, a judge ruled in Thompson and Graham’s favor. A hearing for relief was scheduled for Jan. 17.
By voting in favor of the eminent domain ordinance, the council takes possession of the property and dismisses the relief hearing.
“I’m just very upset. This is something that does not need to be done. It’s being done because they can do it,” said Nevin Horned, a council member who voted against the ordinance.
By using eminent domain, the borough is liable for any future damages and the borough will have to pay Thompson and Graham for the property.”
source: Wilson, Logan. ABC 27 News 28 December 2017.