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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