 In Didden v. Village of Port Chester ( 2006 ) , an unrelated case brought about by the same town 's actions , Sotomayor joined a unanimous panel 's summary order to uphold a trial court 's dismissal – due to a statute of limitations lapse – of a property owner 's objection to his land being condemned for a redevelopment project . The ruling further said that even without the lapse , the owner 's petition would be denied due to application of the Supreme Court 's recent Kelo v. City of New London ruling . The Second Circuit 's reasoning drew criticism from libertarian commentators . 
