Town wins latest battle with developer
“The town has won a major battle in its long, costly war against Eureka V — the developer that wants to build more than 300 units of housing off Bennett’s Farm Road.
The U.S. Court of Appeals for the Second District issued a two-page decision Tuesday that completely dismissed Eureka’s claims against the town.
At issue in the case was Eureka V’s attempts to get a federal court injunction against the town to prevent it from ever using its eminent domain powers to stop Eureka from building more than 300 units of housing on 153 acres off Bennett’s Farm Road.
The town had agreed to a settlement in 2011 that instead would ban its use of eminent domain against Eureka for 10 years.
The company had also tried to have a court award it monetary damages in its fight against the town.
“The town has tried for 13 years to block affordable housing,” Constantine said.
Two federal court judges, Dominic Squatrito and Holly Fitzsimmons, had denied different aspects of Eureka’s case. Therefore, the company tried to get those decisions overturned by the court of appeals.”
Miller, Robert. NewsTime 16 October 2013.