In an amicus brief filed on their behalf, the Pacific Legal Foundation noted that an unresolved issue of Kelo directly pertains to the Port Chester case. "One of the primary concerns raised by Kelo is that private developers will exploit the power of eminent domain for their own private benefit in just the manner alleged in the complaint in this case," the PLF said in its brief.
The PLF went on: "The exploitation of eminent domain to exact a cash payment from a property owner pushes the limits of the Kelo decision and is so far removed from the accepted and usual legal proceedings as to call for an exercise of this Court's supervisory power."
Who knows what the Supreme Court will do? In any event, what the PLF described has been business as usual, which is a pitiful shame.