What a beautiful day it is in Tempe, Arizona. And God bless Judge Kenneth Fields for bringing some sanity to the world of eminent domain by telling the city council and the developer, Mira Vista Holdings, to take their plans and shove ‘em:
Tempe failed to show that the mall project constituted a "public use," [Judge Kenneth] Fields said.
"The private developer Mira Vista Holdings and its principals are the driving forces behind this project not the Plaintiff, City of Tempe," Fields wrote. "Profit, not public improvement, is the motivating force for this redevelopment," he continued.
Coincidentally, the PHPs on the S&S editorial board also came out in favor of private property rights in one of today’s offerings.
Well, they did insofar as they think churches, and any other property owner should have the right to ban guns from their property.
There’s a bold stand.
Of course, they still don’t think those same property owners have the right to allow smoking on their property.
What the hell is the difference?
I’m still waiting for an anti-smoking zealot to satisfactorily explain it to me. That includes the social engineers at the American Lung Association and the Cancer Society.