MTed, It pretty much has reached the Supreme Court already. This happened when the Court up held the ability of a private individual to have property condemed under the Emminent Domain Statutes based on the assuption that his mall that he is building will be a greater tax benefit to the municipality than are the home and small property owners.
And it matters not that the Mall builder is building this megastructure for his own personal profit.

People who buy into gated communities with covenants and neighbor hood taste and style commandos deserve their little patch of Ticky Tacky in what ever souless Stepford they have found. I'd rather live where there are dandelions and trees and flamingo shaped beer can cozies and the odd bit of lawn art.

Don