text:
And, as scholars indicated in a recent conference at Fordham Law School, few think that decision was wise, or that the legal regime in New York inspires confidence.
Probably the quote of the issue comes from attorney Michael Rikon, who represents condemnees (including Atlantic Yards opponent Daniel Goldstein) and suggests:
It is an aphorism in criminal law that a good prosecutor could get a grand jury to "indict a ham sandwich." With regards to condemnations in New York, it can fairly be said that in New York, a condemnor can condemn a Kasha Knish.Commentators in the issue propose numerous reforms to right the balance in New York--reforms that likely would be opposed by supporters of the status quo.
One commentator suggests that decisions to condemn made by elected officials should be given deference, but that decisions made by appointees and others not directly accountable should face a higher burden. That would impact projects like Atlantic Yards.
The judicial reaction
In THE JUDICIAL REACTION TO KELO, libertarian legal scholar Ilya Somin of George Mason University points out that, while scholars have analyzed the legislative reaction to the Supreme Court's controversial 2005 Kelo v. New London decision--reforms in 43 states, but most of them weak--there's been little such analysis of the federal and state judicial reaction.
He observes:
With a few important exceptions, I conclude that state courts have not reacted to Kelo by adopting similarly permissive approaches to public use issues. To the contrary, three state supreme courts have explicitly repudiated Kelo as a guide to their state constitutions. Other recent state supreme court decisions have imposed constraints on takings that go beyond Kelo even if they have not completely rejected the Kelo approach.The New York exceptions
By contrast, federal and state courts have been all over the map in their efforts to apply Kelo's restrictions on "pretextual" takings. There is no consensus in sight on this crucial issue. It may be that none will develop unless and until the Supreme Court decides another case in this field.
The exceptions, however, are the New York Court of Appeals' recent decision in the Atlantic Yards and Columbia cases, Goldstein v. New York State Urban Development Corp. and Kaur v. New York State Urban Development Corp. Somin writes:
Both decisions upheld the constitutional validity of extremely broad definitions of blight, and also endorsed Kelo's highly deferential approach to public use issues. More problematically, both also upheld blight condemnations despite considerable evidence of political corruption in the blight designation process.I don't know if you could call it political corruption, but surely there's evidence of favoritism, and sloppy, indefensible standards.
Why did courts tighten the law?
Somin, who notes that court decisions "have often been influenced by public opinion and the political climate," wonders if the public backlash to Kelo impacted the courts.
Maybe, but he suggests a preexisting trend around the country towards stronger judicial scrutiny of public use issues, such as in Michigan, where a unanimous state Supreme Court, in a case known as Hathcock, reversed the justification for the infamous Poletown decision, which allowed private-to-private transfers for economic development. (New York is an exception.)
That's important, he suggests, since, in 2009, only 42% of those polled recalled that the Supreme Court had upheld the constitutionality of private-to-private transfer for economic development.
Taking pretext seriously, except with AY
The Kelo decision, as well as the concurrence, suggested plaintiffs might argue successfully to stop a sweetheart deal, but that the New London case before them did not qualify, because, among other things, the beneficiary was not known at the time of the taking.
Somin again points to the Atlantic Yards case, writing:
Overall, most courts applying Kelo have left open at least some nontrivial possibility that a taking could be invalidated as pretextual. The major exceptions to this pattern are two decisions by the United States Court of Appeals for the Second Circuit, and the New York Court of Appeals blight decisions already discussed above.His summary:
In two of its decisions, the Second Circuit has taken an extremely deferential approach to pretext issues, falling just short of defining the pretext cause of action out of existence. In Goldstein v. Pataki, the Second Circuit considered a challenge to the same Atlantic Yards takings that were later upheld in state court by the New York Court of Appeals. Despite the considerable evidence that the taking was intended to benefit developer Bruce Ratner, who had initiated the project and lobbied for its adoption by the government, the Second Circuit refused to consider either evidence of improper motive or evidence concerning the distribution of benefits from the condemnation. So long as a taking is "rationally related to a classic public use," the court ruled that it is impermissible to "give close scrutiny to the mechanics of a taking . . . as a means to gauge the purity of the motives of various government officials who approved it."In both the Atlantic Yards and Columbia case, Somin contends, the court ignored "strong evidence" of all four pretext factors mentioned in Kelo:
Both featured considerable evidence of improper intent, a distribution of benefits strongly favoring the new private owner of the condemned area, a private beneficiary whose identity was known in advance, and a planning process that was often perfunctory and biased in favor of a preconceived decision in favor of condemnation.So why did the court take a pass?
Somin suggests that, at least in the Atlantic Yards case, "the majority probably ignored Kelo's pretext standard and the lower court cases interpreting it—because the property owners' federal constitutional claims had already been rejected in federal court" in the previous case.
More glaringly, the Court of Appeals ignored the pretext issue in the Columbia case even though it had been part of the appellate division ruling it was reversing.
The difficulty of establishing pretext
Like some other commentators, Somin recognizes that it may not be easy to determine pretext:
In practice, public officials can usually persuade themselves that any taking that advances their political interests and helps an influential constituent that benefits from a taking also advances the public interest.So even "a relatively robust effort to enforce Kelo's pretext doctrine" by courts may reap only modest results.
Finally, relying on a detailed planning process to prevent pretextual takings ignores the possibility that politically influential private interests can "capture" the planning process and bend it to its own purposes. A more extensive planning process is not necessarily less prone to favoritism than one that is less elaborate.
Need for reform in New York
In THE TROUBLE WITH EMINENT DOMAIN IN NEW YORK, three lawyers who represented plaintiffs in the Columbia case, Norman Siegel, Steven Hyman, and Philip van Buren, offer a broad argument for reform:
Between vague statutory terms and the limited review provided by the Eminent Domain Procedure Law (EDPL), New York law, as currently written and interpreted, enables the execution of policy not authorized by law, and encourages the fabrication of pretextual purposes to evade public accountability.The trouble starts with the underlying law and condemning agency:
In New York State, the use of eminent domain for the purpose of creating or retaining jobs and taxes has for a long time been an element of municipal and state policy. The Urban Development Corporation Law (UDCL) cites the creation of jobs and increasing tax revenues as a public purpose, and it created the New York State Urban Development Corporation, now doing business as the Empire State Development Corporation (ESDC).And, for the last 30 years, the private sector has been looked to as the vehicle for solving urban problems:
The UDCL is rooted in the concerns of 1968 (when it was enacted): depressed urban centers and dying rust belt industries. Though the UDCL explicitly states that job creation and increasing tax revenue are public purposes, and uses the term "development" in the title of the public benefit corporation it creates, the development it envisages appears not to be affirmative economic development in the abstract, as would be represented by any successful business activity helping lift the broader New York gross domestic product. The statute's statement of legislative findings and purposes gives equal space and weight to addressing "substandard or insanitary" areas, and to the essentially remedial programs to redevelop such areas. The findings requirements limited projects to "substandard or insanitary," "blighted" areas, or to meeting a housing or civic need.
Policy makers wanting to exercise government power towards this end have found the use of eminent domain a convenient option. Leveraging private investment, in the right circumstances, can generate jobs and keep tax revenues up, with the price being paid by a relatively small and usually marginal part of the electorate that suffers displacement. Using eminent domain to foster economic growth is easier to accomplish politically than raising taxes.The result?
The ESDC does not look to where there's "the greatest blight, or the most persistent unemployment," but rather gentrifying areas.
The trouble with "malleable" blight
State law defines blight as "substandard or insanitary." In the case challenging the Atlantic Yards environmental review (Develop Don't Destroy (Brooklyn) v. New York State Urban Development Corp.), the authors note, the Appellate Division declared blight to be a "highly malleable and elastic concept" that is "more facilitative than limiting":
The idea of a "highly malleable and elastic" limitation on governmental authority is troublesome. It offends the constitutional value that a statute must have sufficient specificity to give adequate notice to citizens. In the criminal context, vagrancy and loitering statutes have been held void for vagueness, but also in the civil context."Blight," they note, first was applied to slums, then to areas of vacancy and abandonment--a "contagion" that can spread.
But no such impact is required today:
The causal links of any proposed blight syndrome are not required to be identified and this makes it possible to distort the significance of supposed indicators of blight. This also creates a false narrative of an area driven more by the desire to find the area blighted than by comprehensive evidence of actual economic factions and relationships. Interested parties with unclean hands, such as a developer controlling substantial portions of the area sought to be condemned, can be rewarded for strategic behavior in vacating or running down property.Safeguards recommended
The authors suggest several safeguards that would add time and process, and surely be opposed by the Bloomberg administration, among others, since they would have slowed or stopped projects conceived and presented in the way Atlantic Yards was:
First, the procedural safeguards outlined by Justice Kennedy in his concurrence in Kelo should be added to the EDPL and/or authorizing statutes such as the UDCL. Designation of areas proposed to be taken by eminent domain, the public purposes for such a taking, and a basic development plan should be required to be administratively determined and legislatively approved prior to the identification of any project sponsors or other private beneficiaries. Multiple plans and project sponsors should be considered by a transparent and competitive RFP process, and the bases for determination as to which best achieves previously determined public purposes at the least public cost should be required to be articulated.Blight, they say, needs a definition:
Second, statutory language should be added to the UDCL and other authorizing statutes to give adequate certainty to the definition of blight. A showing of actual impairment of development or other harm to neighboring property areas or the public fisc should be required.Ubiquitous consultant AKRF, which worked simultaneously for Columbia and the state (and consecutively for Forest City Ratner and the state), would not be allowed to find blight:
Third, the process of measuring and determining blight should be undertaken by disinterested third parties. Agencies should be prohibited from retaining consultants linked to, or paid by, developers.As with some other critics, the authors think the arbitrary argument that a building does not fulfill 60 percent of development rights shouldn't stick:
Fourth, "underutilization" of land should be discontinued as a criterion of blight. Without causing any demonstrable harm in itself, an owner's option to develop property less than the maximum allowed by zoning serves, at best, as an indicator of market demand.Finally, an actual trial is needed:
And fifth, the EDPL should be amended to provide for proper trial-level proceedings—instead of giving exclusive jurisdiction to the appellate division—as currently provided. Upon a showing of likely favoritism, pretext, or bad faith, in any eminent domain taking for transfer to a private party, courts should be empowered to consider evidence beyond the administrative record, including discovery and cross examination of witnesses.The need for abatement
In URBAN REVITALIZATION AND EMINENT DOMAIN: MISINTERPRETING JANE JACOBS,
Steven J. Eagle of George Mason University suggests that condemnation is a broad penalty for even severe blight, as private and public nuisance suits, and requirements for abatement, could either abate the blight or lead to foreclosure and a result with more public participation.
(That, however, does not allow for the formulation of large parcels out of "irregular," smaller lots--another justification for blight and eminent domain.)
Can pretext work?
Eagle questions the argument for pretext:
Justice Kennedy's concurring opinion attempted to supply some content to this null set by adding that "transfers intended to confer benefits on particular, favored private entities, and with only incidental or pretextual public benefits, are forbidden by the Public Use Clause." Yet, it is not evident that, apart from possible criminal law liability for bribery, perjury, and the like, "intent" should matter at all. An honest public official agreeing to a condemnation for retransfer plan does not provide much help for his or her community if the city's return is mediocre, even if the private counterpart's return is worse. Likewise, the official has enhanced the city's welfare if it receives a handsome return, even if the counterpart's return is better.Kelo vs. AY
...Justice Kennedy's list of factors militating in favor of a finding of pretextual taking seem more like prophylactic rules against arbitrary or discriminatory conduct than explanations of why there is a lack of public benefit. Temptations to misfeasance or malfeasance by public officials might have the incidental detriment of making revitalization less efficacious. But that rationale sounds in substantive due process review within the Takings Clause, a concept the Court rejected, as Justice Stevens noted elsewhere in Kelo, and in Lingle v. Chevron U.S.A., Inc.
Eagle finds the Supreme Court majority opinion in Kelo more defensible than the New York Court of Appeals majority in Goldstein:
One important difference, however, is that Justice Stevens' Kelo opinion was built largely on federalism and comity, matters not germane to a state court interpreting the state constitution. Given the imperfection of any neighborhood, and the multitude of effects intrinsic in any large condemnation, the possibility that any government assertion could be "irrational and baseless" [the line drawn by the Court of Appeals majority] is hypothetical, indeed.Eagle suggests that the Atlantic Yards and Columbia cases "leave many important issues unresolved," notably courts' unwillingness to conduct "meaningful judicial review:
In Kaur, the Appellate Division did not independently ascertain the existence of evidentiary facts, but instead evaluated, and found wanting, the conclusions that the ESDC drew from those facts. When the Court of Appeals held that the Appellate Division was bound by the agency's findings of blight and determined that the condemnation of petitioners' property qualified as a 'land use improvement project' so long as they were not irrational or baseless, it in effect treated the agency as a part of the judicial system.It's difficult, Eagle acknowledges to find facts to support allegations of pretext, a process that "involves intensive discovery" and is made more difficult by the Supreme Court's raising the bar, in a case called Bell Atlantic Corp. v. Twombly.
Kelo and blight
Eagle tackles the suggestion that Kelo didn't even apply to the two New York cases, because they were about blight, not economic development, as in New London. (That said, the line can be murky, as Nicole Gelinas has argued, pointing out that underutilization means lack of economic development.) He writes:
One proffered explanation of the New York Court of Appeals' failure to mention Kelo in its Kaur decision is its possible unarticulated view that Kaur involved blight, and that the protections against pretextuality did not apply in blight cases. The U.S. Court of Appeals for the Second Circuit upheld the district court's dismissal of the residents' complaint that the Atlantic Yards project violated the Public Use Clause in Goldstein v. Pataki. The court held that the project was "justified in reference to several classic public uses," including the provision of open space, additional affordable housing, and "construction of a publicly owned (albeit generously leased) stadium," in the "long- blighted" area.The court added that Kelo was not about blight, leading Eagle to comment:
The Second Circuit opinion points to the difficulty—and perhaps the futility—of trying to separate the strands of causation and result in a complex revitalization project. On one hand, as suggested by the court, "blight" might be an objective causal factor obviating "intent" in bringing about mixed public and private benefit. On the other hand, "blight" often has been an after-the-fact label justifying condemnation for (more upscale) private revitalization.He adds that the two New York cases, especially Atlantic Yards, suggest both public and private benefit, "such that it is almost impossible to argue that no public benefit exists." That means that courts relying on simply the presence of public benefit will rule in favor of the condemnor.
(In a separate paper presented at the Fordham symposium, two academics suggested that the issue is not the presence of a public benefit, but the balance between public and private benefit.)
An unfair process in NY
In MOVING THE CAT INTO THE HAT: THE PURSUIT OF FAIRNESS IN CONDEMNATION, OR, WHATEVER HAPPENED TO CREATING A "PARTNERSHIP OF PLANNING?", attorney Michael Rikon reminds us that the New York State Commission on Eminent Domain once proposed a much more balanced process:
It is notable that in its 1973 report, the Commission strongly "recommended that during the planning phase of a public project, a procedure (public hearings) should be established to afford citizens the opportunity of participation in the planning decision." The "condemnor's decision concerning the necessity and location of a proposed public project should reflect both consideration of the project's detrimental and beneficial effects on a locality and should also include a specific statement of the basis of the condemnor's decision." This first draft of New York's Eminent Domain Procedure Law (EDPL) also contained the recommendation "that the condemnor's decision should be reviewable by an impartial administrative agency which would have the power to approve, conditionally approve, or disapprove the condemnor's decision." This remarkable provision was quickly removed from subsequent drafts of the proposed law and never adopted. Indeed, the Commission eliminated the entire subject of the necessity of the taking from the scope of judicial review and stated that "[u]nder present case law, the question of necessity of the taking of a parcel, is a legislative question and is not subject to judicial review."The Commission, at least in its rhetoric, said there should be a "partnership of planning," but that hasn't happened, Rikon points out.
Case in point: the ESDC does not require to have its directors present at its public hearings on eminent domain, and in most hearings those running the hearings don't respond to anything said. (I'd add that written responses have been made in the Atlantic Yards case.)
Don't blame Kelo
Rikon argues that the Kelo decision had no impact on jurisprudence in New York, as the UDC has long been able to "condemn a Kasha Knish."
Rikon endorses the dissent from Judge Robert Smith in the Atlantic Yards case, stating:
The deference to determinations made by the condemnor that property is needed indicates the judiciary's abandonment of its function. If it can be said that the exercise of authority under the EDPL is an essentially legislative function, then a court should avoid violence to the fundamental separation of powers doctrine, which represents the constitutional check on powers in our form of government. The fact is that the courts have, by making determinations to take private property "legislative," abdicated the responsibility of safeguarding property owners' constitutional rights.Rikon points out that a task force of the New York State Bar Association on eminent domain issued a final report in July 2007, offering eight recommendations, but nothing happened in the State Legislature.
Indeed, the decisions made to condemn are not legislative determinations. They are not made by legislatures, or sometimes even by elected officials who are responsible to those that elect them. Rather, the determination of what property to take and who to give it to is made by a handful of appointees who are responsible to no one. The decision making process to condemn private property is not made by a deliberate assembly. Thus, a finding that a property condemnation furthers a public use or purpose will be affirmed unless it is "without foundation" in the hearing record.
Commission needed
As with others, Rikon suggests "the need to define and perhaps limit the definition of public purpose and permissible acquisitions, and how New York defines "blight." Thus, he recommends a
Temporary Commission to study and propose a new Eminent Domain Procedure Law for New York. In addition to the above, the Temporary Commission should study whether the power of eminent domain should be limited to true public use and should there be restrictions on takings which would enable developers to take private property for large scale developments.A contrarian voice
In EVALUATING ECONOMIC DEVELOPMENT TAKINGS: LEGAL VALIDITY VERSUS ECONOMIC VIABILITY, David Schultz argues that "the problem with many eminent domain projects is not so much the use of eminent domain, but instead, the economic viability of the development project to be undertaken with the user of this authority."
He makes a reasonable case that the backlash to Kelo was overheated--as does Lynne Sagalyn in this paper--but does not address whether the cases in New York do constitute eminent domain abuse, as a rather broad number of commentators believe.
Schultz writes:
The reaction to the Kelo decision and the labeling of it as eminent domain abuse did not come out of nowhere. It was the culmination of a lobbying and public relations process on two fronts. First, it was part of a political effort to reinvigorate property rights that were rooted in a neo-liberal effort to limit government intervention in the economy. Second, it was a reaction to decisions such as Poletown Neighborhood Council v. City of Detroit and Hawaii Housing Authority v. Midkiff, which critics contended had vastly and incorrectly expanded the public use justification for eminent domain at the expense of property rights. Thus, especially beginning with William Rehnquist becoming Chief Justice in 1986, there was hope for a revival of property rights. This hope was never fully realized and critics of eminent domain were often disappointed.Criticizing the IJ
He takes aim at an April 2003 report by the Institute for Justice and Castle Coalition entitled Public Power, Private Gain: A Five-Year, State-By-State Report Examining the Abuse of Eminent Domain:
It asserted that from January 1, 1998 until December 31, 2002, there were at least 10,282 examples of eminent domain abuse across forty-one states in the United States. This report, released as Kelo was working its way through the Connecticut courts en route to the United States Supreme Court, was critical in terms of laying the ground work for asserting that eminent domain abuse existed. But the media never did critically examine the report and its assertions. How does the report stack up when examined? Not well.He criticizes assumptions in the report, such as threatened but not enacted condemnations, or counting each property targeted, rather than each project. He cites research by Robert Dreher and John Echeverria, Kelo's Unanswered Questions, who say the alleged 10,000-plus abuses works out to one potential abuse per state, per year.
(Here's IJ's reponse, Dreher and Echeverria: Disinformation & Errors on Eminent Domain. which contends, "To lump everyone together is simply the authors' way of belittling the hard-working people that deal with eminent domain abuse every day. And frankly,
it doesn't matter if only one person was being abused—it is still abuse." But don't the numbers matter?)
Schultz also thinks that "courts have demonstrated a capacity to protect against eminent domain abuses," which may be true in a good number of states outside New York.
Unwise projects
He then demolishes "several assumptions regarding efforts by governments to induce economic development often times in conjunction with eminent domain," criticizing the following:
- tax breaks to encourage economic relocation
- enterprise zones
- the public use of tax dollars for a sports stadium
- convention-entertainment center/tourism strategies
If one accepts this logic of sports being necessary to make a city first class, can we say that New York City became second class when the Giants and Dodgers fled for California in the 1950s, or that Los Angeles became second class when it lost the Angels to Anaheim or the Rams to Saint Louis? The answer is obviously no.New York's redevelopment experiments
In FROM SLUM CLEARANCE TO ECONOMIC DEVELOPMENT: A RETROSPECTIVE OF REDEVELOPMENT POLICIES IN NEW YORK STATE, Albany Law School researcher Amy Lavine (and co-author with me of an article on Atlantic Yards legal cases), suggests a closer look at the state's experimental early redevelopment laws:
Redevelopment projects in New York increasingly focused on the revenue-generating possibilities of project sites, rather than the severity of dwelling conditions faced by residents. "These kinds of projects," New York City historian Samuel Zipp wrote, "confirmed that the primary objective of redevelopment had become keeping white and middle-class residents, shoppers, and . . . audiences in town, thereby offsetting suburbanization, propping up central business districts, and easing the fiscal troubles of cities. This was the ultimate endgame for the ethic of city rebuilding." Increasingly broad blight determinations were also made possible by the growing importance of administrative discretion, which the courts were reluctant to question. As [Charles] Abrams explained, this contributed to an "unrestricted exercise of public power on behalf of private interests . . . [that] transformed social reforms into tools of oppression."She addresses the ESDC's precursor, the Urban Development Corporation:
The UDC's enabling legislation, which was passed in 1968 just after Martin Luther King's assassination, gave the authority a suite of impressive features, including "the power to override local zoning laws and building codes, the freedom from various restrictions that would prevent rapid development, and a particularly flexible and independent financing mechanism." These vast powers were unprecedented and raised serious concerns about home rule and accountability. Moreover, it was questionable whether the UDC would actually be able to become self-sufficient...Who's in charge?
As the UDC matured, it became known as the Empire State Development Corporation (ESDC), and the scope of its "truly amazing powers" also become more apparent. As Abrams would have predicted, these powers often proved especially helpful to the authority's private partners. The Times Square redevelopment, for example, was facilitated by ESDC's use of eminent domain and its override of New York City's land use approval process. More recently, the Brooklyn Atlantic Yards project similarly benefited from eminent domain and an override of New York City's zoning and planning laws. In the case of Atlantic Yards, moreover, ESDC demonstrated its ability to work cooperatively with a favored developer to all but ensure project approval and escape public scrutiny.
Lavine suggests oversight is insufficient:
While appointed boards may be responsive to political pressure and private interests, they are largely unaccountable to the voters. Additionally, because of the questionable conclusion of the Court of Appeals that public authorities' debt is separate from the state's, it is not clear whether ESDC is even subject to taxpayers challenges. ESDC and IDAs have also taken up complex and non-transparent financing methods intended to circumvent the minimal limitations imposed on them by state law. The legislature has made some progress in creating accounting and operating requirements for public authorities, but it has yet to enact legislation imposing stricter limitations on eminent domain and other discretionary powers.In New York, plaintiffs had no chance
In THE RISE OF ROBERT MOSES AND THE FALL OF NEW YORK CONSTITUTIONAL PROTECTIONS AGAINST EMINENT DOMAIN, Christopher Dunn of the New York Civil Liberties Union, like Rikon, suggests that the die was cast against plaintiffs well before the Columbia and Atlantic Yards cases:
the constitutional protections largely expired starting in the 1930s, a development that coincided with Robert Moses's four-decade campaign of bulldozing around New York State, through New York City, and over anyone who stood in his way.In a case known as Muller, the court concluded that slum clearance qualified as a public use, even if the ultimate use was private, thus contradicting previous rulings:
Indeed, the court essentially held that what controlled was not the ultimate use of the property, but instead, the reason for it being takenEven less scrutiny
Two additional cases cemented the notion that "public use" meant "public purpose," and that increased commercial activity could suffice:
According to the court, the public use inquiry ended if the government could establish that the property was underdeveloped: "Where, then, land is found to be substandard, its taking for urban renewal is for a public purpose." Thus, under such circumstances, there was no need to balance the public benefit against the private benefit: "It would not then be necessary, as a precondition to the taking, to determine that the public benefit in assuring the retention of Otis as an increased source of employment opportunity in Yonkers was sufficient to outweigh the benefit that may be conferred on Otis."That may be true, but the Court of Appeals, in the two recent decisions, also had to affirmatively ignore the efforts to invoke Kelo and its indicia of sweetheart deals.
Thus, by the time the Moses era came to an end, the Court of Appeals had effectively foreclosed eminent domain challenges grounded in the constitution's public use provision. The two recent decisions in the Atlantic Yards and Columbia University cases simply adhere to the hands-off approach adopted by the court thirty-five years ago.
Dunn does not blame Moses for dictating eminent domain law, but says
his reign and the corresponding transformation of the New York Court of Appeals's view of constitutional restraints on eminent domain both reflected a broader societal acceptance of massive public works projects and a corresponding decline in the perceived sanctity of the private ownership of property that stood in the way of those projects.New York's unique procedures
In STACKING THE DECK: NEW YORK'S UNIQUE APPROACH TO EMINENT DOMAIN, Robert McNamara of the Institute for Justice continues themes in the issue, writing:
New York's abuses make it unique. "Eminent domain" means something different in New York—both procedurally and substantively—from what it means anywhere else. New Yorkers stand alone in the country in being wholly unable to protect their property using ordinary judicial procedures—things as basic as being able to question witnesses under oath—that everyone else simply takes for granted. New Yorkers stand alone in the country in facing a judiciary that flatly refuses to take seriously the arguments of those hardy few who manage to get into court in the first place. Furthermore, New Yorkers stand nearly alone in facing a legislature that has failed to even attempt to reform the state's eminent domain procedures in the wake of the U.S. Supreme Court's 2005 decision in Kelo v. City of New London.As has been pointed out, evidence is not presented under oath, nor is there any opportunity to conduct discovery. McNamara writes:
There is perhaps no better illustration of the utter backwardness of New York's procedures than this: If a government official wants to take away a citizen's personal property, that citizen is entitled to an adversarial hearing where the official's right to take the property is put to the test. But if that same official merely wants to take away the building where a citizen keeps her personal property, the need for an adversarial hearing (according to New York officials) magically evaporates. This cannot be justice. Simply put, the idea that individuals in New York can be deprived—irrevocably—of their real property without an opportunity to test the government's evidence—to ask even the most basic questions about the purpose of the taking, or just engage in a "give and take" with the officials who would assert the power of eminent domain—is foreign to the American system of law and incompatible with the most basic notions of fairness. New York's eminent-domain procedures cannot be squared with the basic norms of due process as described by the Supreme Court, nor can they be squared with the procedures used in any other state. They are, in a word, indefensible.Proposed reforms
As with some other contributors, McNamara suggests several reforms:
• Property owners should be allowed to contest the government's right to take their property at the time of taking.... Because it could be months or years before the government uses its power to condemn the property—if indeed it ever does so—which forces property owners to choose between spending tens of thousands of dollars in legal fees fighting a speculative risk and hoping against hope that the condemnation notice never comes. [Consider that eminent domain has been approved for Atlantic Yards properties yet to be taken.]When to defer
• Failing that, New York should prolong the time property owners have to challenge the government's right to take their property....
• New Yorkers should also be entitled to defend themselves using ordinary litigation procedures, including discovery and the right to question the government's witnesses under oath...
• Giving New Yorkers access to the ordinary tools of litigation is best accomplished by moving the review of condemnation decisions to the trial court in the first instance. ...
• Failing trial-court review, the state should at minimum allow property owners to build a record in front of a neutral finder of fact...
• Procedural reforms, of course, will only go so far. New York must change the substance of its laws. The best reform is also the simplest: New York should prohibit the use of eminent domain for private development.
• Failing that, New York should at least correct the errors introduced by the State Court of Appeals' 2009 and 2010 decisions and clarify that the existence of blight is a judicial question.... Judges are at least as capable of evaluating the existence of "blight" as are condemning authorities, and restoring the traditional role of the judiciary in supervising blight designations would do much to curb the worst abuses in the state.
•At minimum, the state must make clear that pretextual takings are prohibited.... But the state's Court of Appeals has refused to seriously engage with claims of pretext, bringing the protection of property rights in New York below even the minimal floor outlined by the Kelo majority.
In THE EDPL REVISITED, attorney M. Robert Goldstein, a partner in the law firm with Rikon, allows for the other side: that condemndation is an important tool, and it can be blocked by a loud, not necessarily right, minority.
He offers an intriguing, and worthy, measure toward progress:
That solution is to divide the decision to condemn into two categories: one where the decision to condemn is made by elected officials, and the second as to the balance. When the decision is made by elected officials, the usual rules would apply. Recourse, while rarely possible in the courts, at least in theory, is available at the ballot box.Authorities like the ESDC were created to shield legislators from accountability, Goldstein writes, but now "there must be a rebalancing."
When made by public corporations, authorities, utilities, railroads and the like, where the decision makers are appointed, in private corporations and/or anonymous, different rules would apply. In such cases, I propose a burden would be placed on the proponents to prove public use. The burden of challenging such a finding would be less than that in challenging findings by elected officials, but more than just a weighing of the evidence. There still could be a presumption of regularity. To overcome it would require clear and convincing evidence.
So, under his schema, projects like Atlantic Yards would have faced a much higher burden in court.


text:
The wrestling teams from Canyon View Junior High and San Rafael Junior High participated in a five school meet held Dec. 10 at San Rafael Junior High in Ferron.
Wrestlers from Canyon View Junior High are: Sammy Bawden, Nick Oviatt, Jaden Bagley, Alex Brown, Hayden Hansen, Ryan Stream, Wacey Allred, Jordan Grange, Oswaldo Espino, Mike Jones, Danny Bawden, David Palmer, Rusty Bridges, Jex Jensen, Nick Cox, Talon Peterson, Guy Judd, Craig Guymon, Chris Wilson, Kevin Powell, Paul Arnold, Kaeden Murdock, Joaquin Ortega, Wade Bohn, Droc VanWagoner, Luke Stoddard, Ivan Ortega, Zack Clement, Dereck Jensen, Booker Erickson, Vic Rosen, Dereck Oliver and Tracy Jackson. Managers are Davie Stokes, Melissa Justice and Stephanie Morash.
San Rafael Junior High wrestlers are: McKay Allred, Mike Justice, Steven Giles, Kesler Tanner, Landon Huntsman, Cade Whittle, Kassidy Thompson, Jordan Phelps, Kyle Gortat, Jacob Malone, Tyler Swenson, Logan Debry, Kody Thompson, Caleb Worthen, Terrance Bell, Michael Montgomery, Alex Judd, Kameron Addley, Brock Winn, Morgan Hardy, Logan Huntsman, Colby Horton, Jordan McCourt, Erik Nielsen, Darrin Winn, Tylor Christmas, Cyal Christmas, Morgan Clark and Jason Lucero.
Winners in the weight divisions were: 75#-McKay Allred, first, Sammy Bawden, third; 81#-Mike Justice, second; 87#-Steven Giles, first, Nick Oviatt, second; 93#-Jaden Bagley, first, Kesler Tanner, third; 99#-Hayden Hansen, second, Kassidy Thompson, third; 105#-Oswaldo Espino, first, Tyler Swenson, second, Logan Debry, third; 111#-Michael Montgomery, first, Danny Bawden, second; 118#-Jex Jensen, second; 124#-Guy Judd, second, Morgan Hardy, fourth; 132#-Logan Huntsman, first, Kevin Powell, fourth; 140#-Joaquin Ortega, first, Wade Bohn, third; 148#-Luke Stoddard, first, Ivan Ortega, second; 155#-Zack Clement, second, Erik Nielsen, fourth; 165#-Booker Erikson, third; 175#-Darrin Winn, first, Vic Rosen, second; HWT-Tylor Christmas, third.

subset: commoncrawl


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Olivia & Joy Miss Priss Satchel
Sorry, this item is sold out!
Looks like you've got more shoe shopping to do - have fun!
Looks like you've got more shoe shopping to do - have fun!
Item # 284272
Stand out this season with the Olivia + Joy Miss Priss satchel. This handbag is exploding with trendy details including exposed zippers, goldtone hardware and more!
- Faux leather satchel
- Top turn lock closure
- Rolled handles with 5" drop
- Removable shoulder strap with 16" drop
- Exposed zipper detail with front zip pocket
- Fabric lining with zip pocket, two slip pockets and center zip compartment
- Dimensions 13" x 5" x 12"
- Imported
- View more Satchels
By: MsBea
Location: Virginia
June 22, 2013
Great Green
"My favorite thing about this purse is the bright, springy color. It is well constructed. Thanks to the large central pouch, easy to keep organized. The one draw back is the very narrow shoulder strap. It is pretty much useless."
Click anywhere to close this.


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Mia loved being around her family and enjoyed cooking, sewing, and reading. She loved to visit with everyone and was never without a smile on her face.
She is survived by her children: Yume, Tam (Christine), Myly (Scott) Chynoweth, Mylinn (Tim) Buggy, Jordan (Taybree), ten grandchildren, and five siblings.
Funeral services were held on Saturday, Nov. 9, 2013 at 11 a.m. at the Castle Dale LDS 8th North Building. A viewing was held on Saturday, prior to the service at the church from 9:30 to 10:30 a.m. Services are in the care Fausett Mortuary. Friends and family may sign the guest book and share memories of Mia at www.fausettmortuary.com.


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Marine and Freshwater Finfish diagnostic services are provided on a case-by-case basis. Previous services have included gross and internal examinations of fish that have washed up dead on beaches, and moribund or dead fish from aquaculture facilities. Also, abnormal, large-scale die-offs are a topic of interest.
Some of the species investigated include striped bass, bluefish, trout, salmon, and largemouth bass. Most of these fishes are commonly aquacultured to stock fishing ponds.


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USDA Joins Maryland in Celebrating Farmer's Markets
I recently visited the Park Heights Community Farmers' Market in Baltimore, Maryland. At USDA we're enthusiastic about farmers markets because they help fulfill two of our primary missions – promoting good nutrition and supporting United States agriculture, especially family farmers. Farmers' markets also boost local communities through increased outlets for local farmers.
Park Heights is one of nine farmers' markets in Maryland to accept Supplemental Nutrition Assistance Program (SNAP) and one of 97 that accept WIC and Senior Farmers' Market Nutrition Program checks. Like thousands across the country, the Park Heights market provides access to farm-fresh, affordable foods for low-income individuals, seniors, children and families.
Increasing the number of farmers' markets that participate in our federal nutrition programs, especially SNAP, is a priority for USDA because farmers markets help introduce low-income families to a wide variety of nutritious foods and help them get into the habit of making healthier choices.
I am pleased to say that over the past five years, the number of farmers' markets participating in SNAP has increased by 250 percent, with over 1100 farmers markets participating nationwide.
Farmers' market foods are also important in getting our youngest children off to a healthy start – even before they are born. In Maryland, more than 42,000 WIC participants have access to fresh, healthy food through the WIC Farmers Market Nutrition Program, which serves low-income pregnant women, nursing mothers, their infants, and young children.
Nearly 7,000 low-income seniors in Maryland have used Senior Farmers Market Nutrition Program benefits at local markets.
I really enjoyed my time at the Park Heights Community Farmers Market. When I think about the time I lived in Maine, Oregon and Iowa, I remember the delicious blueberries, crisp pears and fresh sweet corn – all grown locally. Hopefully, working together, we can help ensure that all Americans can experience the health and well-being that comes with supporting farmers markets.


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At first sight you wouldn't find any common points between Michelangelo and Jackson Pollock. Both of them were great artists but the style of one has nothing to do with the style of the other. They also lived in completely different times. However, they had something in common: the capacity of creating artworks meant to touch the public's hearts. Now, in order to commemorate the 450th anniversary of Michelangelo's death, a special exhibition named La figura della furia (The fury's figure) will be shown at il Palazzo Vecchio starting on April 15th.
Action painting will face the Renaissance. In addition, the influence of Michelangelo's works in the young Pollock will be exposed. The event is thought to be a sort of experiment, trying to compare these two geniuses and their respective times.
Soon we will be giving you more details of La figura della furia, but we want this to act as an appetizer. Are you hungry for culture? Florence is your best choice.
Tags: art exhibition in Florence, Firenze, florence, Jackson Pollock, Michelangelo, things to do in florence, What to do in Florence


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The location is P.S. 9 at 80 Underhill Avenue in Prospect Heights.
From the blurb:
Can the traffic really get worse? Unfortunately, the answer is "yes." The Prospect Heights Neighborhood Development Council presents a forum on traffic and transit issues raised by Atlantic Yards construction and the planned opening of the Barclays Center in 2012.
* What impacts are already being felt?
* What is coming from the arena and future construction?
* What does the recent court decision mean to the community?
* What can we do now?
Speakers include Assemblymember Hakeem Jeffries, Councilmember Letitia James, and Ryan Lynch, Senior Planner with the Tri-State Transportation Campaign.


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Joyce Colburn, LCSW
Licensed Clinical Social Worker
225 Main St., Westport, Connecticut 06880
My psychotherapy practice includes a variety of modalities developed over 20 years of experience working with clients. It always begins and ends with our relationship. I am an empathic, supportive, and engaging partner, and I help clients set and achieve personal goals. Therapy with me is an enjoyable process that clients look forward to as they begin to feel better and move closer to their desired outcomes.
Kelley Hopkins-Alvarez, LPC,NCC,BCC, MS, MSEd
Licensed Professional Counselor & Board Certified Coach
Westport, Connecticut 06880
I help individuals, couples, co-parents & families feel better! My clients tell me that they feel supported and comfortable in our sessions. Quite often they state that I possess a keen sense of awareness, and the ability to keep track of the important details of their lives. Great psychotherapy is priceless because it provides you the lifelong tools to manage conflict, lower stress, and reduce anxiety and depression. As your psychotherapist, we will work together to help you become empowered with the confidence to take care of yourself while also "juggling" life's commitments, resulting in you finally getting the life that you want. Taking this time to envision the life that you want is a g....
Paula Levy, MA, LMFT
Licensed Marriage & Family Therapist
3 Sylvan Road South, Westport, Connecticut 06880
As a psychotherapist I work with individuals and families that are dealing with life's challenges including depression, anxiety, relationship issues and family conflict. My approach is to help you understand yourself and to utilize your strengths to grow and overcome these challenges. Life can be difficult. You don't need to deal with these challenges alone. Let me give you the tools you need to successfully conquer these difficulties. I will help you believe in yourself and to find joy once again.
Kevin Fleming Ph.D.
Coach/Change Agent/Consultant
Weston, Connecticut 06883
James Hillman once said, "We've had a hundred years of psychotherapy and the world is getting worse." While there are many occasions where the validation and listening endemic to psychotherapy makes sense, there are times where we over assume that "feeling better" and "changing behavior" are the same. Grey Matters International, Inc. goes after the forgotten brain laws to behavior change that therapists miss when processing hours and hours of dialogues with people. Utilizing a cutting edge technology to facilitate the emotional process of change, we can make the therapy process way more effective, faster, and with less money spent. Contact firstname.lastname@example.com or 877-606-6161.


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Alison Rhodes, "The
Safety Mom"
National Child Safety Expert, Alison Rhodes, "The Safety Mom," is one of the country's
leading child safety authorities, providing tips and advice to parents on a broad
range of issues facing all children - newborns to teens. Read
Despite your best child proofing efforts to insure your baby's safety, accidents will happen. Accidents are a part of growing up, but that doesn't make them any easier or any less scary for both babies and parents.
While your baby is still small (under six months old) you need to be aware that injuries can result from the most common everyday actions such as napping in the crib, taking a ride in the car, or taking a bath. Here are some specifics to watch for:
In the bathtub - burns from bath water, especially if your water heater is set higher than 120 degrees Fahrenheit.
Once your baby is on the move crawling and rolling around, the chance for an accident to happen increases dramatically. Pay close attention to these injury risk areas once your baby hits seven months to one year old:
The most common of all of these injuries in the seven months to one-year-old age group is falls from pulling up and learning to walk. When babies start to walk, they seem to take more stumbles than steps. Minor bumps and bruises are an unavoidable part of gaining motor skills and independence. Keep your baby under constant adult supervision and the play area free from stairs, sharp edges, and other potential hazards, and most of these falls will not cause any serious injury.
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Sign in for member information and resources.
NJEA members from New Jersey colleges will navigate through members' issues and interests at the annual NJEA Higher Education Conference, April 19-20, at the Princeton Marriott Hotel and Conference Center at Forrestal.
The conference begins with registration at 1 p.m., Friday, April 19, followed by seminar sessions, dinner, and the keynote address.
Every education institution today is under pressure to do more with less. As we move into the uncertain future, are there proven principles and practices we can draw on from the past? Dr. Andrew Delbanco, professor of the humanities at Columbia University and author of College: What it Was, Is, and Should Be, will speak about the core mission of undergraduate education, and why we must strive to protect it even as we adapt it to changing times.
On Saturday, April 20, the conference continues with more seminar sessions. The conference concludes with lunch and an Association of New Jersey County College Faculty (ANJCCF) meeting at 12:45 p.m.
To register, fill out this form and send it to:
Registration is required by March 29, 2013. The cost to attend is $98 – resident (per person, double occupancy); $148 – resident (per person, single occupancy); or $68 – commuter. Please indicate if you are male or female.
Conference fee includes accommodations, meals, and materials. For additional information, call the NJEA Region 29/Higher Education office at 609-689-9580.
If you have a special physical, communication, or other disability-related need which may require assistance to permit or facilitate your attendance/participation in conference activities, call NJEA at 609-689-9580.
Information regarding conference cancellation can be heard on radio stations WCBS-AM 880 and KYW-AM 1060, can be found on our website, www.njea.org, and can be heard on the NJEA hotline by calling 800-866-NJEA (6532).


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By PATSY STODDARDEditor
Roger Bankert from the Bureau of Land Management gave the Emery County commission an update on BLM activities. He said he has been in the area five months now and is enjoying it very much. There were some projects he inherited when becoming the field director and also new projects they have begun. He said the Resource Management Plan that has been worked on for a few years should be complete by June 30, 2008. When complete it will be available for public review and open houses will be scheduled. "We will work to keep the county involved in the process and that's moving along. The dedication for the Cleveland-Lloyd Dinosaur Quarry will be held April 28. If we can't get someone from the Washington Office for the dedication then we will just have an open house.
"Tentatively set on May 1-2 will be a visit to the Price Field Office from the state director. She also wants to visit with the Emery and Carbon county commissioners," said Bankert.
Bankert said he heard a concern from Emery County Sheriff LaMar Guymon regarding the law enforcement contract between Emery County and the BLM. He will try to find out the situation with the contract and will push for it to stay in place. He reported the road in Turtle Canyon will remain open to where the barricade is located. Bankert said ATV groups from all over the state had participated in a trespass case restoration project at Devils racetrack.
Commissioner Drew Sitterud reported the statewide BLM RAC will meet in Castle Dale on May 2. They will have their all day meeting on May 2 at the county building and on May 1 they will tour Nine Mile Canyon.
Bankert said at that RAC meeting the BLM will bring up the fee increase for Desolation Canyon and request to raise the fee from $18 per person to $25.
Commissioner Sitterud pointed out all fee increase requests for both the US Forest Service and the BLM must now be brought before the BLM RAC for consideration. He also pointed out last month Moab had requested fee increases on campgrounds and the BLM RAC took the increases under advisement.
Mesia Nyman from the USFS gave an update to the commission on forest projects. She said small timber sales are being completed and the NEPA has been done for these projects. The Lake timber project was appealed by the environmental community and the USFS is doing more analysis on that project; it is a 5 million board feet project. Bids for that project are hoped to be out later this year.
Prescribed burns will take place in the Pines and West Scofield. "On grazing, this has not been a good year for snowpack, but we don't expect any reductions for permittees. We have sent a letter to permittees indicating that and we expect to go on as usual. We are wrapping up the Bear Canyon coal lease and a lease at SUFCO. Dominion will begin drilling their wells this year.
"There will be a wildland fuels reduction at Black Dragon. This will reduce juniper invasion," said Nyman. The forest service is also looking at a new ATV trail on Skyline and a snowmobiler parking lot at Big Drift on the Skyline. Work will also be done on an ATV trail up Ferron Creek. In the fall the forest service hopes to publish a motor vehicle use map which will show which size vehicle is legal on which road. This will be a legal document. There were 40 special use permits issued last fall for the Manti. Nyman said she will do a presentation in the Emery County Public Lands Council where she will talk about the cost recovery system they will begin using to help recoup some of the costs for processing these permits.


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The American Board of Group Psychology (ABGP) is a member board of the American Board of Professional Psychology (ABPP). The latter board oversees the standards and operations of its 13 member boards. The ABGP is responsible for establishing criteria related to the definition, education, training, competencies, and the examination leading to certification as a specialist in Group Psychology. The ABGP is governed by members board certified in group psychology and representative of the specialty on a national basis.
Board certification assures the public and the profession that the group psychologist specialist has successfully completed the educational, training, and experience requirements of the specialty including an examination designed to assess the competencies required to provide quality services in group psychology.
Specialties, by definition, are advanced levels of practice including doctoral and post-doctoral preparation.
To apply for board certification in Group Psychology:
1) Please review the Generic Requirements and the Specialty Specific Requirements
2) Complete the Online Application


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This pillow stays cool for approximately one hour of use, and then gradually warms to normal temperature - it will re-cool after 15 minutes of not being used. Studies suggest lowering your body temperature a degree or two may help most people fall asleep more quickly. The cooling effect may comfort women who are facing various life stages and changes. The cooling effect may even provide comfort for hot flashes while you're trying to fall asleep.
Underneath the machine washable, removable white cover, this pillow is offered with either a blue or pink inner cover to make your pillow fun and personal! This pop of color will make this pillow a great gift as well! Five-year limited manufacturer warranty. Pillow measures 24" x 16". Foam insert is made from 100% memory foam; inner cover and trim is made from 100% polyester; outer cover is made from 85% polyester/15% spandex. Made in China.
Outer Cover: Remove foam insert, machine wash cold on gentle cycle with mild detergent. Do not use bleach. Tumble dry on low heat or air dry flat. Foam Core: Do not remove inner cover. Spot clean ONLY using a damp towel and mild soap. Blot with a clean, dry towel to remove excess moisture. Air dry flat. DO NOT PLACE FOAM/INSERT IN WASHER OR DRYER.


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Did You Know? Countdown to Chinese New Year (01/29)
Did You Know?
Facts, Figures & Folklore
about the Chinese New Year
Jan. 29 : 05 Days to Chinese NY
Did you know that youngsters traditionally receive a gift of money from their parents or other elders on Chinese New Year?
The money, an omen of good luck for the coming year, is presented in a red envelope decorated with gold symbols of good fortune. Called Lai See, a red envelope is also traditionally given to couples on their wedding day and to children on their birthdays.
From Bangkok to New York's Chinatown, the Chinese New Year is the pinnacle celebration for billions of Chinese people around the world. The Chinese New Year is the most important and elaborate holiday in Chinese culture. More than any other Chinese holiday, the New Year stresses the importance of familial ties. Whether it's family gatherings or citywide celebrations, the New Year is a time rich in traditions and ancient superstitions
Chinese New Year 2011, the Year of the Rabbit, begins on February 03rd and continues for 15 days, through the end of the full moon.
Signup for our Did You Know? Holiday Countdown emails or follow us on Twitter – twitter.com/holidaysnet (@holidaysnet)


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Brown Deer — High school teachers Sheri Fritsch and Fran Peter are holding an informational meeting at 6 p.m. June 4 in the high school north commons about an upcoming 2014 trip to China, which they are opening up to community students and parents.
The trip is planned from June 26 through July 7, 2014, with the possibility of an added two days in Hong Kong. Planned highlights include visits to Beijing, Xi-an, Yangshuo, Shanghai, Hong Kong, Tienanmen Square, Beijing Zoo, the Great Wall, terracotta warriors, and Victoria Peak, as well as a school visit and other cultural experiences.
Those interested can contact Fritsch at (262) 376-1303 or Peter at (920) 528-8708.
Brown Deer — A special meeting of the Plan Commission will be held at 6:30 p.m. May 28 in the Novak Family Field House at Brown Deer High School for residents and commissioners to have their first look at General Capital's proposed Beaver Creek 44-unit apartment complex.
In mid-April, a group of residents turned in a 1,044 signature petition urging village officials to require owner-occupied condominiums on the site, as the village's original development agreement with General Capital stipulated. Petition organizer Don Uebelacker said recently that the count is now nearing 1,100 signatures.
At the meeting, the Plan Commission will consider a rezoning of the site, which would allow General Capital to build a mix of low-income and disability-friendly apartments, similar to their Bradley Crossing development on 43rd Street and Bradley Road.
Brown Deer — Dean Elementary School is holding its fifth annual Tech Trek starting at 1:15 p.m. Friday at the Brown Deer High School track, 8060 N. 60th St.
The students at Dean will walk around the campus and high school track to raise money for the school's technology program. In past years, students raised $17,000 and are trying to raise $5,000 this year.
Mequon — District Rep. Tom Petri, R-Fond du Lac, will stop in Mequon on June 1 as part of a series of are town hall meetings.
The meeting takes place in the police training room of the Public Safety Building, 11300 N. Buntrock Ave., from 1 to 2 p.m.
Fox Point — Following closed session consultations between the North Shore Fire Department board of directors and the organization's legal counsel, negotiations over an updated 2016 funding formula will take place in open session, Fire Chief Robert Whitaker said.
At a special meeting last week, several board members had insisted the negotiations take place in closed session so that a 'frank conversation' could occur.
Though Whitaker couldn't divulge exactly what was said in closed session, he said that he expects the funding formula discussion to show up on the NSFD board's next regular meeting agenda in early June.
Mequon — The Mequon-Thiensville School District will be seeking to fill two of its top administrative positions, with the resignation of its directors of both pupil services and curriculum, assessment and instruction.
The School Board on Monday approved the resignations of Hughes George, director of pupil services, and Eric Dimmitt, director of curriculum, assessment and instruction.
Superintendent Demond Means said George has accepted a position as superintendent of the Sunnybrook School District in Illinois, and Dimmitt will join the University of Wisconsin-Platteville as an associate professor. The board thanked George and Dimmitt for their dedicated service over the past five years.
Their resignations are effective June 30, with the district beginning the process of filling the positions in the near future, Means said.
Mequon — Students from Homestead High School and Steffen Middle School recently placed highly in state forensics tournaments.
The School Board on Monday acknowledged the students for their achievements.
Middle school students competed against about 80 other middle schools and more than 1,400 students throughout the state, earning a state championship title, and high school forensics team members competed against more than 1,000 students, with 19 of 25 advancing to semi-finals and six advancing to finals. Homestead placed third overall among division one schools.
Three high school students also will be traveling to Philadelphia this week for nationals, said Angie Cicero, Homestead forensics team coach.
Mequon — Suzette Urbashich will step down from her role as president of the Mequon-Thiensville School Board, with Mary Cyrier taking over the position.
The School Board on Monday chose Cyrier for the position, in addition to electing its other board officers.
Cyrier was the only board member nominated for president. Stephanie Clark will serve as vice president, James Liska will retain his role as treasurer, and Kathryn Houpt was elected as clerk.
Cyrier thanked Urbashich for the leadership and expertise she brought to the board during her time as president. She held the role for six years, and has served on the School Board for a total of 17 years.
Thiensville — The Thiensville Village Board on Monday approved $6,250 worth of donations from three organizations.
Two organizations — the local Schmit Ford dealership and the Mequon-Thiensville Optimist Club — have donated $100 and $150, respectively, toward the village's Bike Safety Day event.
The Thiensville-Mequon Lion's Club has donated funds toward two efforts: $5,000 for improvements at Village Park and $1,000 for police to distribute baseball cards to youth.
Thiensville — The Thiensville Police Department will add an all-terrain vehicle to its fleet on a temporary basis this summer. Cedarburg-based Cedar Creek Sales and Service is donating the use of the vehicle to Thiensville.
'This is not a patrol vehicle, but a specialty vehicle to assist our officers in moving through large groups of visitors to get to either a call or for crowd control,' Police Chief Scott Nicholson said. 'The vehicle would be equipped with red and blue emergency lights, but would not be used as a front-line emergency vehicle.'
The vehicle will be added to the village's insurance policy. No further costs will be incurred.
Thiensville — All properties within the Laurel Acres development in Thiensville have been connected to the municipal water system.
The Village Board on Monday voted in favor of a resolution stating properties will be levied a special assessment for the upgrade. The village also is taking out $460,000 in bonds to cover the costs in the short-term.
Thiensville — The village of Thiensville is applying for a Wisconsin Department of Natural Resources stewardship grant in an effort to undertake a number of projects at Village Park, 250 Elm St.
If approved, the grant dollars will go toward such projects as restroom renovations within the park and installation of a pier along the Milwaukee River.
The village's projects at Village Park will cost about $411,000. If approved, the DNR grant would cover half the cost; the village would be responsible for funding the remaining half.
The Thiensville Village Board on Monday voted to move forward with the grant application.
Thiensville — A Mequon-based yoga studio has been given authority to hold hour-long yoga sessions at Village Park, 250 Elm St., from 9 to 10 a.m. Saturdays between June 15 and Aug. 24.
Owners of Strive Yoga had requested permission to hold a class on the grounds. Sessions will be free to all participants.
The Thiensville Village Board approved the request Monday.
Shorewood — Shorewood School District Business Manager Mark Boehlke has accepted an assistant superintendent position in the Sheboygan Area School District and will leave in June, according to a district news release.
In his new post, Boehlke will be in charge of business and operational services. He has been with the Shorewood district since 2006.
'As hard as it is to leave, I am looking forward to the new challenges and the opportunity to work in my hometown,' Boehlke said in the release.
Superintendent Martin Lexmond said in the release that the district will immediately begin searching for a replacement, and may hire a search firm to screen candidates before finalists are brought before the Finance and Facilities Committee, community members, staff and School Board as part of the hiring process.
Thiensville — The Thiensville Village Board gave the go-ahead to create a working foreman position. Village Administrator Dianne Robertson requested the job be added to the public works department.
Andy LaFond, public works director, has undertaken a number of new responsibilities, including project management activities, grant applications and technology services at Village Hall.
Robertson said she will not be hiring an additional staffer to fill the foreman position. Rather, she has authority to use up to $5,200 annually to fund the position. The responsibilities within the position will be assumed by an existing DPW staffer.
Glendale — The Glendale Common Council adopted an ordinance that will restrict parking along the north side of West Glendale Road for 20 feet in either direction of two alleys of North Ironwood Lane and North Elm Tree Road.
The ordinance was drafted at the request of Alderman Robert Whitaker because residents who live in that subdivision complained that they cannot see oncoming traffic while trying to turn on to West Glendale Road. Whitaker said that this stems from people visiting the Sprecher Brewery on the south side of the street.
The neighborhood is enclosed by the Milwaukee River to the north, Interstate 43 to the east and Milwaukee County parkland to the west, making West Glendale Road is its only outlet.
City administrators said that the Public Works Department will put up signs and paint lines on the street in the next couple weeks.
Fox Point — The Fox Point and Thiensville police departments will join hundreds of other police departments throughout Wisconsin for the annual 'Click it or Ticket' mobilization through June 2.
The program puts special emphasis on stopping motorists who are not buckled not just because it's the law, but because it saves lives.
According to the Wisconsin Department of Transportation, more than half of the Wisconsin drivers killed in traffic crashes were not wearing their safety belts and approximately one of five of them do not wear safety belts.
'Tragically, too many people are needlessly injured or killed because they believed a crash would never happen to them so they don't buckle up,' Fox Point Sgt Doug Dubnicka said.
Fox Point Police Chief Thomas J. Czaja pointed out it only takes a few seconds to 'click it' and that may avoid a traffic stop, a ticket and most important the lives of drivers and passengers.
Fox Point — In lieu of borrowing, the village of Fox Point will transfer $510,000 from its Capital Projects fund to cover a portion of the Willow Road storm sewer project.
The Village Board on Tuesday authorized the transfer of funds, which were originally borrowed in 2011 and designated for the Bridge Lane ravine footbridge project, into the Stormwater Utility fund.
Acting Village Manager Thomas Czaja said that by doing the transfer, the village will save about $30,000 in borrowing costs.
Bayside — The Village Board approved an ordinance revision dealing with the rules for households planning to use water from wells even after they are connected to Mequon's municipal water.
The revised ordinance requires that those property owners obtain licenses from the Wisconsin Department of Natural Resources, which includes testing the well for various kinds of contaminants at the owner's expense, in order to keep track of the well's water quality.
Additionally, water from wells cannot be routed through pipes that carry municipal water, and residents must inform the DNR when they plan to stop using their wells.
Village Attorney Chris Jaekels said that the revisions are bringing Bayside's ordinances in line with state rules.
Fox Point — For the second consecutive year, administrators in the Fox Point-Bayside School District will go out to bid and seek quotes from health insurance providers.
A year ago, the district switched to United Healthcare, ending its longtime arrangement with the Wisconsin Education Association Trust. While the district saved money a year ago through the switch, rates are increasing for the 2013-14 budget year.
Business Manager Amy Kohl said an outside firm, Hays Companies, will solicit quotes from a range of providers in an effort to see if savings can be achieved next year.
Fox Point — Western Contractors will complete storm water drainage improvements on Beach Drive, including catch basin and storm sewer pipe replacement, installation of a retaining wall and other improvements.
The Fox Point Village Board approved awarding the contract in the amount of about $62,400. The work will be completed in the vicinities of 7700 and 7900 North Beach Drive.
Kapur & Associates will provide construction management services for the project, at an additional cost of about $21,700.
Mequon — Four new residents were appointed to the Mequon Planning Commission following a Common Council meeting.
Mayor Dan Abendroth appointed J. David Fuchs of District 8, and Patrick Marchese, from District 5, to the Planning Commission. Fuchs replaces John Lesczcynski, who was recently elected to the Common Council. Marchese replaces David Romoser. Both will serve a three-year term.
Abendroth also appointed two alternate members to the Planning Commission. Susan Falkman replaces Phyllis King in a one-year appointment. Falkman had previously served on the commission for eight years. Brian Parrish replaces Norm Doll as an alternate commissioner.
Fox Point — Municipal citations issued in Fox Point decreased by 15 percent in 2012, as compared with the previous year.
In a report to the Village Board, Municipal Judge Scott Wales said the village collected about $73,500 for 790 municipal citations in 2012. Those figures are down from $87,800 collected for 927 municipal citations in 2011, he said.
Wales also provided the board with a general overview of the types of cases heard by the municipal court, praising the performance and involvement of local law enforcement.


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Massachusetts doctors are reacting to the health cost control bill that has been sent to the governor's desk.
The bill requires providers to slow down the rate at which they raise their prices — linking it to the state's economic growth rate. It also addresses the ways insurers compensate doctors for their services, and changes the medical malpractice climate. The Massachusetts Medical Society released a statement saying the legislation mostly succeeds in balancing the role of government as a watchdog over affordability of healthcare, with the rights of the private sector. But society president Richard Aghababian says many physicians are concerned about new administrative burdens as doctors will be required to report regularly on the cost of their services.
Aghababian says doctors are pleased by the bill's emphasis on primary care as a way to improve patient care, but he says they're concerned about the new responsibilities given to physician assistants and retail clinics to coordinate care.


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Showing 1-24 of 53 items found in History
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Burpee Museum of Natural History
Come explore Burpee Museum and its award-winning exhibits such as Jane: Diary of a Dinosaur, called one of the ten most important dinosaur discoveries in the past 100 years. Burpee Museum also features Homer, a sub-adult or "teen-age" Triceratops. Four floors of exhibits include Windows to Wilderness, a woolly mammoth skeletal cast, Pennsylvanian coal forest, a Native American exhibit, Geoscience, and a viewing lab.
The museum campus consists of a Victorian village with 26 historical buildings filled with artifacts of the era as well as several beautiful 19th century gardens that depict life in northern Illinois from 1890 to 1910. Interpreters in authentic period dress are available seasonally for guided tours. The main museum building holds large group meeting rooms and exhibit space with a number of permanent exhibits reflecting Rockford's history and culture. Special events throughout the year include a World War II re-enatment, Sock Monkey and Scarecrow Harvest Festivals, and more. Free recreational path located on property.
Tinker Swiss Cottage Museum and Gardens
Tinker Swiss Cottage is a historic house museum located in the heart of Rockford, Illinois. The museum complex contains the historic house museum, barn, and carriage house from the Tinker family. In addition, the property is the home of the founding site of Rockford and contains a Pre-Columbian Native American conical mound. Robert surrounded his Swiss Cottage with over 27 acres of trees, vines, winding pathways, flowerbeds, and gardens. A three-story Swiss inspired barn was added to the property which housed cows, chickens, and horses. On the side of the Cottage, Robert constructed a suspension bridge crossing the Kent Creek. At the end of Robert's suspension bridge, he planted elaborate gardens deemed the Railroad Gardens where passengers could stroll as they waited for the train.
Ronald Reagan Boyhood Home and Visitors Center
Tour the restored home that the Reagan family resided in from 1920-1923, and meander through the Visitor Center and Gift Shop which features books and gifts highlighting the Reagan legacy. The tour includes the four-room Presidential Timeline exhibit and the viewing of a Reagan biographical video.
Trolley Car #36 is a turn-of-the-century, open-air trolley, the kind your grandparents might have taken to work, except you don't have to go to work. Board the Trolley at the Trolley Station in Riverview Park (on Thursdays, board at Nicholas Conservatory), ride along Madison Street beside the scenic Rock River Recreation Path, stop for a brief visit to the Eclipse Lagoon and Gardens, travel to the Symbol, then turn around and return to the Trolley Station. Trolley Car #36 is wheelchair accessible; however, the trolley is limited to 2 wheelchairs per ride.
The Egyptian Theatre hosts film festivals, special movie screenings, and live entertainment events. This theatre is a 1929, fully restored Egyptian Art Deco movie palace and is listed on the National Registry of Historic Places. The Egyptian is also available for rentals, tours, weddings, graduations, parties and receptions. Capacity: 1,419 Raised stage with dressing room below; balcony and lobby space. - New Google Maps 360 tour of the theatre is now available http://bit.ly/1TJnAdb
Come tour the Northern Illinois University, catch a show preformed by their Theatre or Dance department, or explore one of their Art Galleries. There is much to do on campus including their new Anthropology Museum, an Observatory, the Huskies Den or take in a game! Their Museums are free to visit, some fees may apply for shows or School of Music Concerts. There is never a dull moment on campus!
Bea Gurler was nine years old when her father George moved his family into the house in 1893. Her cousins, the children of her father's brother Henry, had been living since 1888 in the Ellwood Mansion. Everyone said it was magnificent. Bea's parents George and Zillah, evidently shared a taste in homes that favored the elegance of simplicity. It was the unimposing yet dignified structure on Pine Street–where the back door was always open. George and Henry Gurler were both prominent businessmen, and joint owners of a number of dairies. They quickly became world-famous and respected by many dairy farmers. Bea eventually made it a goal of hers to renovate The Gurler House to be the home that she once new and loved. The Gurler House hosts an annual Folk Music Festival every summer, where people are encouraged to bring lawn chairs and blankets to enjoy the music. While you are at The Gurler House, make sure to take a walk through their beautiful garden.
Two-story stone building built in 1860 by Abe Lincoln's cousin. Restored dry goods store houses a consignment shop featuring local artisans. Also national headquarters for the Lincoln Highway Assn.
CITY:Franklin Grove
Downtown park on the banks of the Rock River. Site of several Native American "Effigy Mounds," which have been preserved.
Illinois Lincoln Highway Interpretive Gazebo - DeKalb
The Illinois Lincoln Highway Coalition presents 16 Interpretive Gazebos along the Lincoln Highway, a 179-mile National Scenic Byway in Northern Illinois. The DeKalb gazebo offers a unique and interactive way for visitors to learn the significance of the highway in DeKalb while enjoying stories of the early Lincoln Highway and its other Illinois communities.
View trains from the Union Pacific and BNSF railroads as they rush by the park pavilion and browse the railroad-themed gift shop.
John Deere has a presence around the world, but it all started right here in Grand Detour, Illinois. When you step foot on these grounds, it will feel like taking a step back in time. Hear the floorboards creak as you walk inside John Deere's home. Take in the beauty of the picturesque landscape. And feel the heat of fired steel inside the replica blacksmith shop. Whether you're a school group, a John Deere fan or a history buff, it's an experience you just can't miss.
CITY:Grand Detour
First Christian Church served as the Reagan family church while they lived in Dixon and helped form Ronald Reagan's Christian-based work ethic, which included a short term as a Sunday School teacher.
Six nationalities that helped shape the cultural region are represented in this home museum, built in 1850. Located in the heart of the old water power district, the house features a room for each ethnic group it represents: African American, Irish, Italian, Lithuanian, Polish, and Hispanic. Call to confirm hours and admission fees. Visit the website for information about current exhibits.
Northwest Territory Historic Center
The Northwest Territory Historic Center is a History Research and Learning Center housed in President Ronald Reagan's boyhood South Central School; located in his hometown of Dixon, Illinois. Beautifully restored with the dedicated support of the townspeople and Reagan colleagues, the Center is proudly affiliated with the Smithsonian Institution and houses the Veterans History Project Regional Center, auditorium, research library, historical exhibits, art gallery, surround-sound theater and museum store. A visit to the Northwest Territory Historic Center includes: The Unchanged Land-an interactive exhibit on Native American & Black Hawk War; The Changing Land-an interactive exhibit on early American Farming; Ronald Reagan's Restored Classroom; Rock River Assembly Diorama; Chautauqua Assembly Building Model; Earth from Space Poster Exhibit; President Reagan History Room, changing historical exhibits, a museum store and much more.
Camp Grant Museum and Command Post Restaurant
Memorabilia of Rockford's Camp Grant, U.S. Army induction and training camp during World Wars I and II. The museum, an original building of Camp Grant, houses the Command Post restaurant and contains postcards, pictures, and memorabilia of the camp along with Rockford postcards.
Jane Addams International Peace Garden
This peace garden honors Rockford College alumna and Nobel laureate Jane Addams. The garden is located at Fisher Chapel on the grounds of Rockford College.
Byron Museum Of History & Lucius Read House
The Byron Museum Complex consists of a large Exhibit Hall and the historic Lucius Read House, which was on the Underground Railroad and is a listed site on the National Underground Railroad Network to Freedom. The Read House features a permanent exhibit entitled, 'From Shackles to Freedom: The Underground Railroad' which shines a spotlight on Byron's participation in the Underground Railroad. We are happy to accommodate group tours outside regular hours. Tours are free and are self-guided or a docent can be arranged. We also have ample meeting space available.
Wings of Peace and Freedom Park
A Bulgarian immigrant donated the Wings of Peace and Freedom sculpture to the City of Dixon. The artwork, which includes a full-size replica of a section of the Berlin Wall, recognizes President Reagan's efforts to attain worldwide peace and freedom.
The cultural centerpiece of Rockford's Swedish-ancestry community, Erlander Home Museum is located in Rockford's first brick home, built by John and IngaStina Erlander family in 1871. Restored to its original Victorian decor, the twelve-room home features collections that include Rockford-made furniture, a renowned collection of more than 50 dolls created by Charlotte Weibull and many artifacts recalling Swedish immigration to northern Illinois and Rockford's Swedish heritage. Don't miss the Midsommar Dag festival in mid-June, and Lucia Fest in early December.
Lincoln Highway Association National Headquarters
Visitors from around the world enjoy researching highway information in this restored 1860 dry goods store built by Abe Lincoln's cousin. The Lincoln Highway Museum and Store is also housed inside.
CITY:Franklin Grove
Chaplin Creek Historic Village
Chaplin Creek is an evolving, full-scale historical restoration project depicting a prairie settlement typical of the mid-19th century. Several historically significant buildings and artifacts have been relocated here from the surrounding area. Photo courtesy of Illinois Lincoln Highway Coalition
CITY:Franklin Grove
A.G. Spalding: From Byron to the Big Leagues Exhibit
Located at the Byron Museum of History, this exhibit features Hall of Fame baseball pitcher Albert Spalding, from his youth in Byron to his league pitching career and the founding of the Spalding Sporting Goods Company.


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By PATSY STODDARDEditor
The Emery County Business Chamber January Lunch and Learn featured Commissioner Ethan Migliori speaking on economic development for 2014.
Board member Jared Anderson encouraged all to join the business chamber. "We are trying to get as many people involved as possible. Meeting people and networking is a benefit to local business. In March we will be holding the installation banquet. Spencer Cox the new Lt. Gov. will be the guest speaker. He will outline what the state is doing for business in rural Utah. The business chamber allows business owners to be heard. I love to hear about the business spotlights. We've covered a variety of topics in the Lunch and Learn meetings like tourism, substance abuse and local issues. The Shop Local campaign gives discounts and we have prize drawings. If you're not a chamber member, we'd love to have you."
Migliori gave the economic update, "We are grateful to Stewart's Market and to Maverik. We appreciate their efforts to step forward and hire locally and support the community. They are a huge help to our economies. There has been a huge surge in petroleum and there are a number of companies involved in petroleum. When the BLM pulled the 53 leases, that created a problem for companies that were counting on those leases. It caused many companies to lose money."
Migliori said there is frustration when the government doesn't follow its own rules. Hopefully these leases will be put out for bid in the future. One company spent $2 million in studies only to have the leases withdrawn.
The oil refinery in Green River is moving along. They plan on investing $230 million to get the railyard up and running along with the refinery facility. When operable it will produce 15,000 barrels per day. They will begin with light crude and will add heavy crudes such as bearing grease. The more refined the oil, the higher price it will bring on the market. The project will be completed in three phases. It will bring in 130 jobs, not counting the support industries that will be needed including trucking. The refinery will offer good paying jobs and will need a skilled labor force.
Commissioner Jeff Horrocks has been working with a consortium from seven counties to bring in two pipelines to the area. One coming out in the Ridge Road area and the other coming from the Book Cliffs. This will bring crude into the area for refining. Within a year they will be starting on those pipelines. The economic development departments from each of the counties are working together on projects where all can benefit.
The tire recycling business outside of Huntington will take shredded tires and cook them to retrieve the oil from them. They are looking to partner with USU Eastern to produce a coke briquette also. That facility will begin operation this year.
A company is also looking to put a coal to liquid, coal to diesel plant along Ridge Road.
Work continues to bring natural gas to outlying rural areas. Emery, Lawrence, Elmo and Green River. Pipelines are close to these areas, but installation costs are prohibitive. In Green River the pipeline is five miles away and Questar said it would cost $35 million to run a line into Green River. Legislation is being proposed that will bring these costs more into line with what rural communities can afford.
Commissioner Migliori said it's a real draw back that Green River doesn't have natural gas. When all the communities have natural gas it will bring more opportunities into the county.
Helium projects are being proposed near Wellington and Green River.
Migliori said money has come into the county through the BEAR program, Fast Track grants and economic gardening. But, one large shutdown like Consol can come in and wipe out jobs and cripple the economy.
The sales tax decreased $60,000 in Castle Dale alone. Shopping local saves money in the long run. Tax monies will stay local to help with the local infrastructure.
Tourism is still growing in Emery County. The transient room tax has gone up each year. These monies go into a specific pot of money to promote tourism and to complete tourism related projects. There is another hit to state parks expected in the upcoming legislature which could affect the Green River State Park. The information center at the Buckhorn has about 68 vehicles stop there each weekend. The publicity Goblin Valley has received lately has increased the number of visitors to the state park. A horror film project is being filmed in Emery and Carbon counties.
Commissioner Migliori said there are some bright spots in the future for Emery County.