SPECIAL REPORT: Kelo Ruling Could Be Used for Favoritism

Sean Ryan is associate editor of Real Estate New Jersey .NEW BRUNSWICK, NJ-Kelo v. City of New London has been the topic of discussions across the nation during the past few weeks. During a RealShare Special Focus on the subject, Peter Verniero, former New Jersey attorney general and retired NJ Supreme Court justice, said the Supreme Court’s split decision in the case could be revisited.

The conference was a milestone in that it was the first time since the controversial ruling was passed that industry experts gathered to voice their concerns. An elite group of more than 50 industry leaders, comprised mostly of real estate lawyers and developers, were on hand to share those concerns in a fast-paced and interactive discussion.

“The 5-4 split vote means these issues can be revisited in the future,” Verniero said during an introductory speech at the event, sponsored by Real Estate Media, parent company of GlobeSt.com. Sandra Day O’Connor was a dissenter, so her retirement will not necessarily alter the balance. Anthony Kennedy, however, might flip his opinion based on a “very provocative sentence” in the concurrent opinion he wrote on this case regarding favoritism, Verniero notes. “If he found an acute risk of favoritism in a particular case, he might break the existing majority. Justice Kennedy seems to be sending a cautionary message to the government and those who practice in this area of law.”