Bailey's Brake Service,a Bit of an Eyesore at a Main

question 123

Essay

Bailey's Brake Service,a bit of an eyesore at a main intersection near the faltering downtown area of Mesa,Arizona,was a family-founded,owned and operated business that had been open in its existing location since 1970.Lenhardt's True Value Hardware store was also a longstanding Mesa business with a location south and east of Bailey's and a desire for a better location as well as a professed desire to revitalize Mesa's downtown area.The Lenhardts had purchased the property abutting Bailey's but felt that the street-facing Bailey's property was necessary for its location,location,location.
The city fathers and mothers were in favor of condemnation of the Bailey use,a taking by eminent domain,followed by a "reissuing" of the once Bailey property to Lenhardt's for its construction of a new and much less eyesoreish retail establishment on the site:
Randy Bailey challenged the taking of his business as unconstitutional.Discuss the issues in his case and challenge to the city's taking by eminent domain.

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Definitions:

Homeostasis

The tendency of a biological system to maintain stability while adjusting to conditions that are optimal for survival.

Vigor

Physical strength, good health, and energy, often used to describe a robust level of activity or vitality.

Olds and Milner

Psychologists known for their discovery of the "pleasure center" in the brain through experiments involving electrical stimulation of the rat brain.

Physiological

Relating to the branch of biology that deals with the normal functions of living organisms and their parts.