A village government in New York is trying to take a private grocery using eminent domain in order to replace it with a municipality-owned market.

Theft by government: A village government in New York is trying to take a private grocery using eminent domain in order to replace it with a municipality-owned market.

In a statement, the village said it has “been trying, without success, to engage the Whitneys in substantive discussions” about renovating for the past year. “[A]t various times they have clearly stated their inability or unwillingness to undertake the renovation requirement and despite statements to the contrary, no building plans or architectural drawings of any kind have ever been presented to the village for review,” it said.

But here’s where the story becomes particularly frustrating for Whitney: Four engineers, including two commissioned by the village, reviewed the storm damage on the market and ruled that it was not “substantial,” the store owner’s son, Scott, said. “The repairs that are required due to the flooding . . . do not appear to me to be substantial improvements as defined in the building code,” one of the village-commissioned reports reads.

Nevertheless, despite the findings in the reports, village officials continue to argue that the damage is too much for Whitney to handle. Officials also said the veteran’s submitted plans for repairs are insufficient or incomplete.