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NEW LONDON, CT-The Institute for Justice, which represents the plaintiffs in the recently decided Kelo v. City of New London eminent domain case, filed a petition on behalf of the area’s property holders asking the US Supreme Court to reconsider its 5-4 ruling. Similar actions have been taken by the court only a handful of times over the past 25 years.

“We will be the first to admit that our chances of success with this motion are extremely small, but if there is any case that deserves to reheard by the Supreme Court, it is the Kelo case,” says Scott Bullock, senior attorney at the Washington, DC-based legal group. “Rarely does a Supreme Court decision generate such uniform and nearly universal outrage,” adds Chip Mellor, president of the institute.

According to the petition, other eminent domain cases are occurring all across the country. In its petition, the institute says that because property owners have pay their own litigation costs they are at a disadvantage. A second basis asks the court to vacate the judgment of the Connecticut Supreme Court to allow for a reexamination of the facts in light of the new standards set by its decision.

One local attorney, Richard Clark, senior partner of Sparta, NJ-based Laddey, Clark and Ryan, tells GlobeSt.com in his opinion, the petition “won’t be going anywhere now that a decision has been made.” He says it will be interesting to see how a lot of the state’s react to the decision as “states can control condemnation. It (the decision) resonates with people.”

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