This section contains the nature of the case and procedural background.

Congress passed a D.C. ordinance that declared the acquisition and assembly of real property and the leasing or sale thereof for redevelopment pursuant to a project area redevelopment plan was a public use. A redevelopment agency was created that allowed them to assemble property and have it redeveloped. A land use plan was initiated and adopted. The first project taken on was in Project Area B (as stated in Casner 3rd page1175; the area was in very bad shape). The Project B plan was initiated and approved. Appellants owned property in the Plan B area in which was located a department store. Appellants object to the use of their property for this project and claim that this taking violates the Fifth Amendment.

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