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Perspective

Jun. 23, 2010

Redevelopment Plan Invalidated For Insufficient 'Blight' Finding

Rick Rayl and Bradford Kuhn of Nossaman examine a recent court decision that emphasizes the need for courts to intervene where an agency doesn't meet the requirements for a blight finding.

By Rick E. Rayl and Bradford B. Kuhn

The Court of Appeal issued an opinion this week invalidating a redevelopment plan based on the agency's failure to provide substantial evidence in support of its blight findings. The court's willingness to scrutinize an agency's blight findings likely can be traced back to the Supreme Court's 2005 decision in Kelo v. City of New London, in which the Court upheld the right to condemn property for...

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