TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 11 P42

Gale Encyclopedia of American Law Volume 11 P42 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | MILESTONES IN THE LAW KELO V. CITY OF NEW LONDON 397 our resolution of this claim. The club is a longstanding private social organization 93 in the Fort Trumbull area its building is located on parcel 3 of the development plan. Originally the club s building had been slated for acquisition and demolition in the development plan as approved by the city in January 2000. In October 2000 however the development corporation determined that the club s building could remain on parcel 3. The trial court concluded that the plaintiffs did not satisfy the preliminary step of establishing that they and the club were similarly situated 94 the court therefore concluded that it did not need to proceed further with the equal protection analysis. The trial court based this conclusion on the properties locations within the parcel it concluded that the club s building was on the border while two of the plaintiffs properties were within the interior and ultimately would lack roadway access. The trial court also cited the previously credited testimony of Hicks and Jones that retaining the residences would pose problems for the future development of the parcel while the club s building would not. Nevertheless the trial court did not end its equal protection analysis with the similarly situated issue. It went on to assume hypothetically that the properties were similarly situated and it addressed the plaintiffs claim that their right to equal protection was violated because the development corporation s decision was the irrational 95 result of politically motivated favoritism toward the club. The court analyzed the record and testimony with respect to the development plan s process of creation and approval and concluded that it was being asked to rely on speculation and conjecture by parties who . have the burden of proof. 96 The court therefore rejected the plaintiffs equal protection claim. The Equal Protection Clause of the Fourteenth Amendment to the United States Constitution is .

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