Mesa, Arizona - Release: 5-1-2002

City's Bulldozers Called Off in Mesa Eminent Domain Case

WEB RELEASE: May 1, 2002
John Kramer
(703) 682-9320

Tim Keller
(480) 557-8300

[Private Property]

Phoenix-Maricopa County Superior Court Judge Robert D. Myers today stayed his ruling upholding the City of Mesa’s condemnation of a family-owned brake shop for an expanding Ace Hardware Store. The order means that Bailey’s Break Service owner Randy Bailey will be able to stay in business while the appellate courts consider his case.

"We’re pleased that the bulldozers have been called off," declared Clint Bolick, vice president and national director of state chapters for the Institute for Justice, which represents Bailey. "This is a case that affects the property rights of all Arizonans."

During a telephone conference with the attorneys, Judge Myers noted that the case presented novel and important issues that ultimately would be decided by higher courts.

Judge Myers reserved judgment on whether Bailey will have to post a bond to cover any expenses incurred by the city.

The Institute for Justice Arizona Chapter will file a Special Action Petition in the Arizona Court of Appeals on Monday.

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