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'60 Minutes' talking to Mesa business

Jason Emerson, Tribune

May 22, 2003 - 11:49PM

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Mike Wallace of CBS' "60 Minutes" is scheduled to interview Mesa brake shop owner Randy Bailey today, Bailey and his lawyer confirmed Thursday.

An official from “60 Minutes,” speaking through Bailey's lawyer, Tim Keller, said the news organization won't comment on stories that are developing.

The investigative news program is compiling a segment about cases of eminent domain abuse around the country, said Keller, who works for the law firm Institute for Justice.

Earlier this year, the Institute for Justice released a list of 10,000 recent cases of eminent domain abuse in the United States.

Keller said the "60 Minutes" interview was arranged by the institute, which is based in Washington, D.C., and has a Valley chapter.

City Attorney Debbie Spinner said she advised council members Thursday not to talk to "60 Minutes" about the Bailey case because their statements could put them as witnesses subject to deposition and hurt the city's case.

"They need to be cautious," she said.

Mesa Vice Mayor Dennis Kavanaugh, a lawyer, said he will comply with Spinner's request.

"As a council member, I'd love to talk, but as a lawyer, I know she's giving sound advice," Kavanaugh said.

Bailey said he is thrilled "60 Minutes" is taking an interest in his case, and said it will help him save the auto shop his family has owned for more than 31 years.

"Every day that I'm here I feel like I'm winning," Bailey said.

Mesa is using the courts to condemn Bailey Brake Service, 18 N. Country Club Drive, as part of a city-engineered redevelopment project. The city plans to turn Bailey's property over to local businessman Ken Lenhart so he can build a bigger hardware store at a better location. Lenhart's store currently is at First Avenue and Macdonald.

Mesa has offered to relocate Bailey at city expense.

In April 2002, a trial judge ruled for the city. Bailey appealed to the Arizona Court of Appeals in May 2002. The appellate court has yet to rule.

Bailey's plight gained public attention after a series of Tribune articles on the issue beginning in August 2001. The series prompted the Institute for Justice to take Bailey's case free of charge, and spurred state lawmakers to change Arizona's eminent domain laws. Gov. Janet Napolitano signed a tougher eminent domain law Wednesday.

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