His brilliant dissent clearly explains why Peter J. Smith is dead wrong.
I'm sure that Peter Smith will dismiss Thomas' argument because he is well . . . a "conservative."
But to assume, as one must from Smith's comments, that Justice Thomas (not to mention Scalia and Rehnquist and O'Connor) do not unserstand the issues at stake is preposterous.
This man is a law professor!!?? It's ok to take the land because the owners are compensated? Compensation is a seconday issue here. First - is there a true public purpose for the taking. An increase in proprety taxes from a private development is not even close. Lastly, its funny to hear one of these libs say that the local governments habe all the answers when they usually support big - federalized government and wacky judges.