![]() “This just means that we can finally take our case up to the Second Circuit Court of Appeals, and we’re confident that the Second Circuit will follow other courts that have addressed this issue by holding that it is unconstitutional to use eminent domain as a way of stopping people from making lawful uses of their property,” Brinkmann told the outlet. South Fork is the perfect jumping-off point for hiking, biking and backpacking in Colorado’s largest wilderness area: the. Co-owner Hank Brinkmann, said the family will appeal. This mountain community is tucked at the San Luis Valley’s southwest edge and remains one of our state’s unspoiled hidden gems. The Brinkmanns have maintained the public purpose of the seizure is “pretextual” and the town is simply trying to prevent the chain from expanding into Southold. The plaintiffs also failed to dispute that a public park is a public use for the property, among other reasons for the ruling. Eastern District Court in Brooklyn ruled that the family didn’t state a claim under the Fifth Amendment clause that guarantees personal property can’t be taken to benefit another private person without justified public purpose. ![]() The Brinkmanns filed the lawsuit in May 2021, trying to stop the seizure. However, Brinkmann’s applied for a building application in June 2018 to open a retail store on the site after purchasing the 1.8-acre property in December 2016. They have tons of random items Ive noticed, but useful items that may be needed at some point. The town has a building moratorium on the Main Road stretch where the property is located and wants to convert the site into a public park. 5 reviews of South Fork Hardware 'Great place. The lawsuit was aimed at stopping the North Fork municipality’s attempt to seize the property at 12500 Main Road in Mattituck.Įminent domain involves the forced sale of private properties in the name of public interest. ![]() Southold Town Supervisor Scott Russell and 12500 Main Road in Mattituck (Google Maps, Getty, Town of Southold)īrinkmann’s Hardware is on the brink of defeat in its eminent domain fight with the Town of Southold, but the family owner isn’t going down without a fight.Ī federal judge last week dismissed a lawsuit filed by the family that owns the chain, Newsday reported.
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