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City of Tallahassee halts eminent domain effort against Circle K in Canopy neighborhood

Commissioners voted 3-2 on the decision at a meeting on Wednesday, following the guidance from the city attorney
City of Tallahassee halts eminent domain effort against Circle K in Canopy neighborhood
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  • City of Tallahassee Commissioners voted to end efforts to use eminent domain to block a proposed Circle K gas station in the Canopy neighborhood.
  • Neighbors spent the past year raising concerns about safety, environmental risks and proximity to homes.
  • Watch the video to find about why the decision was made and why some commissioners were split on the issue.

BROADCAST TRANSCRIPT:

The eminent domain fight over a proposed Circle K in Canopy is coming to an end.

Commissioners voted to stop the city's efforts at meeting Wednesday.

“Taking the side of a corporation and cowering to a threat from a lawsuit from a $50 billion corporation versus listening to the people who live here and vote here, that's appalling to us,” Canopy resident Steve Durie said.

“I'm quite disappointed in the outcome,” Debra Wilson, another resident, said.

The decision coming after weeks of pushback from neighbors in the area.

Neighbors like Steve Durie have spent the last year researching potential issues like neighborhood safety, pollution, health hazards and impacts to home insurance.

"This puts the tanks, and it puts the pumps 58 feet away from families' homes. This is absolutely a dangerous design,” Durie said.

But the council is moving in tune with the city attorney's advice.

Attorney Amy Toman says the city couldn't prove a public necessity to take the land.

It's a key component of the legal process.

Lack of it could open the city to potential lawsuits on top of at least $75,000 for land appraisals to initiate the process.

The law firm representing Circle K sent a letter to commissioners on April 30.

It said eminent domain would be a "violation of its rights" and even warned of taking legal action against the city and commissioners.

"Personally, I cannot put my family in that situation if they plan to pursue personal liability for this issue,” Commissioner Curtis Richardson said.

Other Commissioners like Jack Porter and Jeremy Matlow voted against stopping the process.

Matlow, along with other neighbors wanting to see a park in the gas station’s place instead.

"I’d be comfortable in front of any judge or any court law saying what we're trying to do will benefit the public and needs to be done,” Commissioner Matlow said.

Mayor Pro Tem Diane Williams-Cox brought up the possibility of setting precedent back in April.

This time, she brought up historical instances of land taking.

"Historically, there have the taking of land of people who couldn't fight, so I have to remember that,” Williams-Cox said.

There are no next steps planned yet following Wednesday’s decision.

But neighbors say they’re hoping the mayor can negotiate with Circle K to move locations.

 

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