A Nurse’s Fight Against Supreme Court

By Deb Wood, RN, contribubtor

A U.S. Supreme Court ruling squashing a nurse’s quest to protect her property has led to public outcry and spurred Susette Kelo, RN, to continue her battle by changing the laws. 

“I was totally shocked and disappointed,” Kelo said. “At the point of the decision, this wasn’t about me anymore. It ends up being about everybody in the whole country.”

Kelo’s determination to save her waterfront dream house in New London, Connecticut, resulted in a landmark decision that governments can use the powers of eminent domain for economic development. Hundreds of people have rallied against the decision and in support of Kelo.

“One would be hard-pressed to think of a recent Supreme Court decision that has generated such widespread and virtually unanimous outrage,” said Chip Mellor, president and co-founder of the Institute for Justice, in a written statement. “We will take this energy and put it toward productive activism.”

The Institute for Justice, a nonprofit organization dedicated to preserving people’s rights, represents Kelo and argued her case before local courts and the U.S. Supreme Court. The organization has launched a “Hands Off My Home” campaign to fight abuse of eminent domain.

Institute publications explain that since businesses generate more taxes than homes, every residential parcel could be taken and given to a private developer for private gain. Only new laws will stop it.

Kelo bought her home in 1997 and lovingly restored it. Down the street, the Dery family has lived in the working-class, Fort Trumbull neighborhood for more than a century.

One year after Kelo moved in, pharmaceutical giant Pfizer Inc. announced plans to build a research facility next to her neighborhood. It opened in 2001. The New London Development Corp., a private entity backed by Pfizer and the State of Connecticut, came up with a plan to build a hotel, conference center and housing units to complement the Pfizer facility.

The city granted New London Development the right to use its power of eminent domain to take the property of any owners not willing to sell, so it could complete the development.

About 78 of Kelo’s neighbors sold out and left. Seven homeowners and 13 parcels remain.

The day before Thanksgiving 2000, Kelo found a notice posted on her door by the New London Development Corp., informing her that she and her husband, Tim, would have to leave within four months or the police would forcibly remove them.

New London Development had brought condemnation actions against Kelo and the remaining property owners. In accordance with Connecticut laws, it appraised the homes and placed $1.6 million in escrow to compensate the owners. The appraiser valued Kelo’s home at $123,000, more than she paid but far less than she would need to purchase another waterfront home.

The Institute of Justice filed suit on behalf of the homeowners in December 2000.          

“I really want to keep my home, as do the other residents. We want to keep our properties,” Kelo said. “We’re good people. We work for a living, pay our taxes, pay our bills. We’re law-abiding citizens. It’s a beautiful house. Nothing here is run down.”

Kelo never expected her fight to stay in her home would take on such a life of its own. The mother of five grown sons, she never became involved in community activities, but she was not bashful about expressing her opinions.

“I have never been one to be pushed around or told what to do,” Kelo said. “I mean what I say and say what I mean.”

Kelo avoids mixing court battles with her work on a cardiac telemetry floor at William W. Backus Hospital in Norwich, Connecticut.

“I don’t talk about what goes on at home at work,” Kelo said. “I try to separate the two.”

However, with her photo repeatedly on the front page of the local paper, it has been difficult to ignore. She learned about the Supreme Court decision while at the hospital. 

Kelo calls the people she works with “incredibly good” and supportive. They were especially caring, the day in October 2002, when she was floated to the emergency department just before paramedics arrived with a seriously injured trauma patient. While working on the victim, she realized it was Tim, and it did not look good. He survived but suffered a severe brain injury. Rehabilitation helped him relearn how to walk and talk, but Kelo tends to most of his needs.

“It’s been a long road,” Kelo said. “There has been a lot of stress.”

Even with the Supreme Court loss, Kelo has not given up. She hopes to convince the new Connecticut governor and legislators to block the forced sale of her home.

“The strength of people in the country has helped us continue,” Kelo said. “We were so overwhelmed and disappointed when the decision came out. But once the outcry from the public was made known to us, it gave us renewed strength and hope.”

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