Tuesday night the City Council voted to condemn the property to make way for a new road configuration, plaza and park - all part of the 50-acre Village redevelopment project approved in 2005.

The unanimous council vote took place with little discussion.

Bret Fox, a part owner in the affected property, exited council chambers shortly afterward.

"I'm disappointed they didn't allow us to speak. We were told we'd get a chance to voice our opposition," Fox said.

Fox also expressed disappointment with the council's action, saying that two years ago city officials had promised not to use eminent domain to acquire property in the Village project.

While the City Council did vote not to use eminent domain for the purpose of economic development in the Village, that power remains active for roads and other public purposes.

"They voted to take the entire parcel through condemnation," Fox reasoned. "They don't need the whole thing. They just need a sliver on the north side to extend Laney Avenue through to 2300 East."

The Little Caesars property sits on one-fourth of an acre, just south of a Barbacoa restaurant and Dr. Clean, a small dry cleaning and shirt laundry. The city is also negotiating to acquire those parcels, said Mayor Dennis Webb.

Fox had a chance to speak up during the earlier public comments portion of Tuesday's council session but chose not to, Webb countered, adding that Fox was well aware that the entire Little Caesars property would be needed for a road, park and plaza - an integral part of the new Village.

And, Webb added, Fox purchased the Little Caesars property after the Village project was under way.

"We let them know before they bought that property that the city was planning to acquire it for a road. But they went ahead and bought it anyway."

The city had the property appraised and extended an offer to the Little Caesars owners that Webb described as appropriate and fair.

But Fox said that he and co-owners Thomas Barlow and the Barlow Group had hoped to stay in the Village and spruce up the Little Caesars.

"The city had several options it could have considered" - including routing the road through the city-owned Burton Lumber property, Fox said.

"Little Caesars has been an upstanding member of the community and we would be willing to remodel or further develop the property," Fox added.

Fox believes the city rushed into using the power of eminent domain and he suggests that other property owners should take note.

"They should be suspicious - as we were two years ago."

cmckitrick@sltrib.com