Summer 2004

Can't Call it Blight Without a Fight

HAN Member Michael Padden Propels His Chicago-Based Firm Into a Challenge of San Jose's Vast Blight Designation

The fight began in 2002 when San Joses Strong Neighborhoods Initiative was announced: an $81.4 million redevelopment plan covering one-tenth of the citys geographic area and including one third of its population. To justify such a far-reaching program the city had spent two years and another $6.7 million on a study documenting examples of supposed blight to guarantee the citys right to use the power of eminent domain. The study was so expansive it included everything from cracked sidewalks to the wet leaves on U.S. Rep. Zoe Lefgrens tennis court—yet it failed to find a single building that had unsafe living conditions.

Understandably frightened by the use of such weak criteria to infringe on personal property rights, property owner Elaine Evans objected to the City Council. HAN member Michael P. Padden heard about the San Jose situation and advocated for the case to be taken pro bono by his law firm: Howrey, Simon, Arnold, and White in Chicago. Because of Paddens referral of the case, the firm is representing Evans appeal to further challenge the Initiative.

Padden commented, IJ cases give firms an opportunity to take on different kinds of pro bono cases. Instead of much pro bono work where you find yourself extending the reach of governmental powers, you get to be on the other side, trying to cut them back. Kudos to Padden for convincing his firm to take on liberty-enhancing pro bono cases!