Brinkmann's Hardware store loses eminent domain battle in top court
Ben Brinkmann, left, and his brother Hank, of Brinkmann's Hardware, on the Mattituck property in 2020. Credit: Randee Daddona
The U.S. Supreme Court has refused to hear an appeal by Brinkmann's Hardware, whose Mattituck property was seized by Southold Town by eminent domain, effectively ending any legal options for the family-operated business.
Ben and Hank Brinkmann, who own a chain of five hardware stores and one paint store on Long Island, asked the high court in June to review a decision by the Second U.S. Circuit Court of Appeals, which found that Southold did not violate the Constitution when it seized the Brinkmanns' private 1.8-acre property for a town park. The owners wanted to build a 20,000-square-foot hardware store at the site.
Their case was considered three times between late August and mid-October, according to court records, and ultimately rejected Monday. The docket noted that three justices — Clarence Thomas, Neil Gorsuch and Brett Kavanaugh — would have granted the petition, leaving the case one vote short of the four needed to secure a review by the court.
“It’s a bit of a gut punch to be that close,” said Jeffrey Redfern, an attorney at the Virginia-based nonprofit Institute for Justice, who represented the Brinkmanns pro bono in the proceeding.
In the Supreme Court petition, Redfern argued that the town “used every tool at its disposal to drive the family out,” including revisions to building plans, “exorbitant” fees and a building moratorium that stifled their progress on the proposed hardware store on Main Road before turning to eminent domain.
The Brinkmanns argued in the filing that Southold’s plans for a park were “ginned up out of thin air” in response to community opposition over traffic and environmental concerns. The petition also alleged the town did not attempt to buy the property when it was listed for sale in 2011.
James Catterson of Pillsbury Winthrop Shaw Pittman, the Manhattan firm representing Southold, said Wednesday they were "gratified" by the decision.
"We don't go behind governmental decisions for public purposes," Catterson said. "Otherwise, every single exercise of eminent domain for an unquestionable public purpose would get bogged down in court forever."
In a split 2-1 decision in March, appeals court judges ruled that when eminent domain is used for a public amenity, including a park, “courts do not inquire into alleged pretexts and motives.”
Only about 150 cases are granted out of more than 7,000 requests each term, according to the Supreme Court website.
As of Friday, the Supreme Court has agreed to hear 40 cases for the 2024-2025 term, according to the law website Oyez, a project managed by Cornell’s Legal Information Institute, Justia and Chicago-Kent College of Law.
Hank Brinkmann, 45, said in an interview that the high court's decision was disappointing, but he is glad they saw the legal process through to the end.
"When somebody takes something from you and looks to push you off your property, you feel wronged," he said. "You want to fight it on principle."
He said they are determined to continue growing their business and have not ruled out a location in Southold.
Southold Town attorney Paul DeChance said Tuesday this marks the end of a five-year legal battle. However, there is ongoing litigation in state Supreme Court over attorney fees and compensation for the property, according to court records.
Asked about future plans for a park at the corner lot, DeChance said “the town was waiting on the finality of this litigation to move forward.”
The U.S. Supreme Court has refused to hear an appeal by Brinkmann's Hardware, whose Mattituck property was seized by Southold Town by eminent domain, effectively ending any legal options for the family-operated business.
Ben and Hank Brinkmann, who own a chain of five hardware stores and one paint store on Long Island, asked the high court in June to review a decision by the Second U.S. Circuit Court of Appeals, which found that Southold did not violate the Constitution when it seized the Brinkmanns' private 1.8-acre property for a town park. The owners wanted to build a 20,000-square-foot hardware store at the site.
Their case was considered three times between late August and mid-October, according to court records, and ultimately rejected Monday. The docket noted that three justices — Clarence Thomas, Neil Gorsuch and Brett Kavanaugh — would have granted the petition, leaving the case one vote short of the four needed to secure a review by the court.
“It’s a bit of a gut punch to be that close,” said Jeffrey Redfern, an attorney at the Virginia-based nonprofit Institute for Justice, who represented the Brinkmanns pro bono in the proceeding.
In the Supreme Court petition, Redfern argued that the town “used every tool at its disposal to drive the family out,” including revisions to building plans, “exorbitant” fees and a building moratorium that stifled their progress on the proposed hardware store on Main Road before turning to eminent domain.
The Brinkmanns argued in the filing that Southold’s plans for a park were “ginned up out of thin air” in response to community opposition over traffic and environmental concerns. The petition also alleged the town did not attempt to buy the property when it was listed for sale in 2011.
James Catterson of Pillsbury Winthrop Shaw Pittman, the Manhattan firm representing Southold, said Wednesday they were "gratified" by the decision.
"We don't go behind governmental decisions for public purposes," Catterson said. "Otherwise, every single exercise of eminent domain for an unquestionable public purpose would get bogged down in court forever."
In a split 2-1 decision in March, appeals court judges ruled that when eminent domain is used for a public amenity, including a park, “courts do not inquire into alleged pretexts and motives.”
Only about 150 cases are granted out of more than 7,000 requests each term, according to the Supreme Court website.
As of Friday, the Supreme Court has agreed to hear 40 cases for the 2024-2025 term, according to the law website Oyez, a project managed by Cornell’s Legal Information Institute, Justia and Chicago-Kent College of Law.
Hank Brinkmann, 45, said in an interview that the high court's decision was disappointing, but he is glad they saw the legal process through to the end.
"When somebody takes something from you and looks to push you off your property, you feel wronged," he said. "You want to fight it on principle."
He said they are determined to continue growing their business and have not ruled out a location in Southold.
Southold Town attorney Paul DeChance said Tuesday this marks the end of a five-year legal battle. However, there is ongoing litigation in state Supreme Court over attorney fees and compensation for the property, according to court records.
Asked about future plans for a park at the corner lot, DeChance said “the town was waiting on the finality of this litigation to move forward.”
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