Ohio Supreme Court Maintains Injunction to Protect Homes From Eminent Domain Destruction

John Kramer
John Kramer · August 10, 2005

Washington, D.C.—Today, the Ohio Supreme Court prevented private developer Jeffrey Anderson from bulldozing the homes of senior citizens Carl and Joy Gamble and rental homeowner Joe Horney while they fight to save the homes from one of the nation’s worst examples of eminent domain abuse. The state’s High Court also refused to dismiss the Gambles’ and Joe Horney’s pending appeals on the issue of whether developers can demolish a home or business while the owner is still appealing the case in court. The Ohio Supreme Court has yet to decide whether to hear the Gambles’ and Mr. Horney’s appeal on the merits of their case, which was filed in July of this year.

“Jeffrey Anderson wanted to bulldoze Ohio homes even before the rightful owners exhausted their judicial appeals, but today the Ohio Supreme Court said that’s not going to happen,” said Bert Gall, an attorney for the Institute for Justice, which represents the Gambles and Mr. Horney. “Today’s decision means that Anderson cannot bulldoze first, and ask questions later.”

Currently, the Court is also considering whether to hear the Gambles’ and Mr. Horney’s appeals on the issue of Norwood’s use of eminent domain to transfer their properties to Anderson so that he can build a complex of privately owned chain stores, condominiums, and offices.

“I’m go glad that the Gambles and I still have the opportunity to get our homes back once we show that the City has abused its eminent domain powers,” said Joe Horney. “The Court did the right thing, and I hope that Anderson and the City will now stop trying to bring out the bulldozers while our legal fight continues.”