SCLS Realty, LLC v. Town of Johnston (Eminent Domain Contempt Proceedings)
Days after U.S. District Judge Melissa R. DuBose ruled on July 28 that Johnston, RI's attempted condemnation of a 31-acre parcel slated for a 252-unit affordable housing project was 'void ab initio' for failing constitutional takings and due-process requirements, the landowners moved for contempt after the town passed resolutions on July 31 seeking to expand its condemnation authority and stand up a new public building authority over the same site. DuBose scheduled a show-cause hearing for the town to explain why it should not be held in contempt of the standing injunction.
Why it matters
Shows that a favorable eminent domain ruling against a pretextual taking does not end the exposure for a municipality — or the risk for a developer — since enforcement can require a second round of litigation to stop renewed attempts through different legal vehicles (ballot measures, new municipal authorities). Developers facing local political opposition to a project should preserve contemporaneous evidence of pretext and treat post-ruling council action as a compliance issue to monitor, not a closed matter.
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