Cases
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| IJ Client Carlos Barragan Jr. at the CYAC gym in National City, Calif. |
On September 25, 2007, the Community Youth Athletic Center (CYAC), represented by the Institute for Justice of Arlington, Va., is stepping into the ring to challenge the decision by National City, Calif., to re-apply a bogus "blight" designation to two-thirds of the city and target the gym, as well as many other properties, for eminent domain.
In 2005, National City approved a luxury condo project on the gym’s land and immediately threatened it with eminent domain. In response to a firestorm of public outrage, National City has been trying to assure the gym that the City will not use eminent domain even though the City gave itself the power to take the gym any time in the next 10 years.
National City is merely doing what eminent domain abusers do all the time: trying to convince fearful citizens not to exercise their legal rights by promising that eminent domain will never be used against them. Unfortunately, people all over America regularly have their property condemned for a fancy condo development or big box store after these sorts of promises are forgotten and the right to mount a legal challenge has expired.
This challenge will vindicate the gym's fundamental rights under the state and federal constitutions, as well as the gym's rights under California redevelopment statutes, including recent eminent domain reform.
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Essential Background |
Images |
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Backgrounder: Victimizing the Vulnerable: Eminent Domain Abuse in National City, Calif. |
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Latest Release: Victory for Boxing Gym in Eminent Domain Bout: California Court of Appeals Unanimously Reverses Lower Court (January 22, 2009) |
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Legal Briefs and Decisions |
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Download: California Court of Appeals Opinion January 22, 2009 (PDF) |
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IJ's complaint, filed September 25, 2007 in California Superior Court (PDF) |
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Case Timeline |
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Filed Lawsuit: |
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September 25, 2007 |
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Court Filed: |
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California Superior Court |
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Decision(s): |
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Feb. 15, 2008: Superior Court dismisses entire case on technicality. The published notice about the lawsuit was initially correct, but when the newspaper changed the publication date, a date in the notice became off by one business day. |
| Jan. 22, 2009: Court of Appeal reverses Superior Court and holds there was “good cause” for the publication error. It directs Superior Court to allow republication. |
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| Nov. 6, 2009: Superior Court rejects attempt by National City to get case dismissed on another technicality. |
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| Jan. 21, 2010: Court of Appeal denies request by National City to review and reverse Nov. 6, 2009 decision. | ||
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Status: |
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Trial scheduled for November 5, 2010 |
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Additional Releases |
Maps, Charts and Facts |
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Release: Eminent Domain Case Dismissed on Technicality, Gym Will Appeal (February 15, 2008) |
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| Release: California Gym for Inner-city Kids Files Lawsuit to Battle Bogus Blight (September 25, 2007)
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MAP: State Supreme Court Rulings On Eminent Domain for Private Development |
| Release: California Gym and IJ Vow to Fight Eminent Domain Abuse (July 18, 2007) |
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IJ’s first-ever nationwide census of eminent domain abuse: Public Power, Private Gain |
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Op-eds, News Articles and Links |
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Article: Eminent domain extension facing strong opposition, San Diego Union Tribune (June 20, 2007) |
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Op-ed: Don't KO the kids with bogus blight, San Diego Union-Tribune (June 19, 2007) |
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