T
he owners of a hardware store chain, Ben and Hank Brinkmann, have exhausted their legal options in their fight against Southold's use of eminent domain. The U.S. Supreme Court declined to hear the case, despite Justices Neil Gorsuch, Clarence Thomas, and Brett Kavanaugh voting in favor of review. This rare public dissent highlights the high court's selective approach, agreeing to hear only a few dozen cases annually out of thousands of petitions.

    The Brinkmanns had purchased land on Long Island with plans to build a new store, but the town seized it via eminent domain, citing concerns over traffic and proposing to use the site as a passive park. After losing at the U.S. Eastern District Court and the U.S. Circuit Court of Appeals, the brothers argued that the town's actions had an unconstitutional pretext.

    The Institute for Justice, which provided free legal representation, vowed to continue fighting eminent domain abuse on behalf of property owners nationwide. The Brinkmanns themselves remain committed to their cause, stating that exposing government overreach will ultimately build public support and prevent similar abuses in the future.