Justia Zoning, Planning & Land Use Opinion Summaries

The plaintiff, Word Seed Church, now known as Grace Fellowship Covenant Church, sought to establish a permanent location in the Village of Hazel Crest but faced difficulties due to the village's zoning ordinance. The church claimed that the ordinance discriminated against religious assemblies by not listing churches as a permitted use in any zoning district and requiring a special use permit for churches in certain residential districts. The church argued that this process was burdensome and discriminatory, violating the Equal Protection Clause and the Religious Land Use and Institutionalized Persons Act (RLUIPA).The United States District Court for the Northern District of Illinois initially denied the church's motion for a preliminary injunction, finding that the church had standing but was unlikely to succeed on the merits. Later, the district court granted summary judgment in favor of the village, concluding that the church did not have a property interest in Hazel Crest and had not shown that comparable secular organizations were treated more favorably. The court also rejected the church's vagueness challenge to the zoning ordinance. The church did not appeal the summary judgment but instead filed a Rule 60(b) motion for relief from judgment, arguing that the district court had evaluated the wrong version of the zoning ordinance. The district court denied this motion.The United States Court of Appeals for the Seventh Circuit reviewed the case and affirmed the district court's denial of the Rule 60(b) motion. The appellate court found that the district court did not abuse its discretion in its decision. The court noted that the church's argument regarding the zoning ordinance amendments was not raised during the summary judgment proceedings and that the church had waived any challenge to the B-2 district, which was affected by the 2008 amendment. The appellate court concluded that the church's difficulties in finding a property were due to the lack of suitable parcels, not the zoning ordinance. View "Word Seed Church v. Village of Hazel Crest" on Justia Law

The Greenwald Family Limited Partnership, a landowner in the Village of Mukwonago, Wisconsin, had a longstanding positive relationship with the Village, collaborating on several development projects. However, this relationship soured after a failed land deal in 2014 and several other conflicts. The Partnership sued the Village, alleging that it had been irrationally singled out for unfavorable treatment, violating its Fourteenth Amendment rights. The Partnership pointed to several adverse municipal decisions, focusing primarily on the failed land deal and a new road that was rerouted from the Partnership’s property.The case was initially filed in state court but was later removed to federal court. The district court concluded that the Village had a rational basis for its actions regarding the failed land deal, the new road, and other decisions affecting the Partnership’s properties. The court entered summary judgment in favor of the Village and relinquished jurisdiction over the state-law claims.The case was then brought before the United States Court of Appeals for the Seventh Circuit. The court affirmed the district court's decision, stating that the Partnership had failed to show that the Village’s actions lacked any conceivable rational basis. The court found that the Village’s decisions were rationally related to its legitimate interests in promoting its land-use objectives and protecting public funds. The court concluded that the Partnership was a disappointed landowner, but not a victim of unconstitutional discrimination. View "Greenwald Family Limited Partnership v. Village of Mukwonago" on Justia Law

A group called Protect Our Parks, Inc. (POP) has been challenging the location of the planned Obama Presidential Center in Chicago's historic Jackson Park. The Center, which is currently under construction, is being built on a site selected by the Barack Obama Foundation. POP argues that the park should have been off-limits and that the Center could have been placed elsewhere. They have raised multiple arguments based on federal and state law to prevent the construction of the Center in the park.Previously, POP had asked the court to halt construction until its federal-law theories were resolved. However, the court declined to grant the preliminary injunction as POP failed to show that it was likely to succeed with those contentions. The district court also refused POP’s request to amend its pleadings and dismissed the state-law causes of action. The district court then awarded summary judgment against POP on the federal-law theories.In the United States Court of Appeals for the Seventh Circuit, POP asked the court to overturn the district court’s final judgment in its entirety. However, the court found that POP’s arguments remained unpersuasive and identified no legal error in the earlier analysis of POP’s case. The court also concluded that POP’s state-law theories were rightly dismissed and that the district court did not abuse its discretion when it denied POP’s motion to amend the complaint. Therefore, the court affirmed the judgment of the district court. View "Protect Our Parks, Inc. v. Buttigieg" on Justia Law

A private Catholic high school in Madison, Wisconsin, sued the city and other defendants, claiming that the city's decision to deny the school permission to install lights for nighttime athletic events violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) and the Free Exercise Clause of the U.S. Constitution. The school also claimed a vested property right under Wisconsin law.In the United States Court of Appeals for the Seventh Circuit, the school argued that the city's actions amounted to unequal treatment and a substantial burden on its religious exercise. However, the court found that the school, as a master plan institution under the city's Campus-Institutional District ordinance, was not comparably situated to other institutions that had been granted lighting permits. The court also ruled that the city's denial of the permit did not amount to a substantial burden on the school's religious exercise under RLUIPA.Furthermore, the court found that the school's Free Exercise claim provided no additional protections beyond those under RLUIPA and thus could be dismissed. Lastly, the court rejected the school's vested rights claim, as the lighting permit application did not conform to the municipal zoning requirements in effect at the time. Consequently, the court affirmed the lower court's summary judgment in favor of the city. View "Edgewood High School of the Sacred Heart, Incorpor v. City of Madison, Wisconsin" on Justia Law

In this case, the plaintiff, Chicago Joe's Tea Room LLC, had plans to open an adult entertainment business in a suburb of Chicago. However, the Village of Broadview denied the plaintiff's application for a special-use permit, which led to the plaintiff claiming that their constitutional rights were violated. The plaintiff sought millions of dollars in lost profits for the business that never opened. The U.S. District Court for the Northern District of Illinois excluded most of the plaintiff's evidence and theories for lost-profit damages due to substantive and procedural issues. The court then awarded the plaintiff just $15,111 in damages. The plaintiff appealed, but the United States Court of Appeals for the Seventh Circuit affirmed the decision of the lower court, finding no abuses of discretion. The appellate court stated that the plaintiff's calculations of lost profits were beyond the scope of the plaintiff's personal knowledge of a similar business and required expert-like analysis and adjustments. The court also ruled that the plaintiff failed to disclose necessary damages evidence in a timely manner, a violation of the Federal Rules of Civil Procedure. The plaintiff was also denied the opportunity to amend their complaint to challenge a state statute, as the request was made a decade after the issue became relevant. The court found that granting the amendment would have caused undue delay and prejudice to the Village. View "Chicago Joe's Tea Room, LLC v. Village of Broadview" on Justia Law

Willow purchased a house that needed repairs. Bids for the work exceeded $100,000. Renovations began in 2017 but soon halted. After several years passed, with the house remaining empty, the Village proposed its demolition as a nuisance. The Village published notice, posted notices on the house, and mailed notice to Willow, which concedes having actual knowledge of the impending demolition. Willow did not respond until the week scheduled for the demolition when its lawyer proposed a meeting. The parcel was sold at auction to satisfy the Village’s lien for demolition expenses.Willow sued under 42 U.S.C. 1983, claiming a taking without compensation. The Seventh Circuit affirmed summary judgment for the Village. Demolition of a dilapidated structure that constitutes a public nuisance is not problematic under the Due Process Clause and does not require compensation. The protection that the federal Constitution offers to property owners is notice and an opportunity for a hearing. The Village gave such a notice to Willow, which did not ask for a hearing. Illinois law offers procedures that are constitutionally adequate; someone wanting to stop a demolition need only file suit in state court, which automatically blocks action until the judge decides whether the building meets the statutory criteria for demolition. The district court was not required to decide a state law inverse-condemnation claim. View "Willow Way, LLC v. Village of Lyons, Illinois" on Justia Law

Utility companies responsible for a planned electric transmission line asked the Fish and Wildlife Service (FWS) to allow construction across the Upper Mississippi River National Wildlife and Fish Refuge alongside an existing road and railroad. Rural Utilities Service completed an environmental impact statement under the National Environmental Policy Act (NEPA), 42 U.S.C. 4332(2)(C). FWS adopted the statement and issued a right-of-way permit.While litigation was pending, the utility companies sought to slightly alter the route and asked FWS to consider a land exchange. FWS discovered that it had relied on incorrect easement documents in issuing its original determination. It revoked the determination and permit but promised to consider the proposed land exchange. The district court ruled in favor of the environmental groups but declined to enjoin ongoing construction of the project on private land outside the Refuge.The Seventh Circuit vacated in part, first rejecting a mootness argument. FWS has revoked the compatibility determination but has not promised never to issue a new permit. However, FWS’s current position does not meet the criteria of finality. Whatever hardship the plaintiffs face comes not from FWS’s promise to consider a land exchange but from the Utilities’ decision to build on their own land, so the district court erred in reviewing the merits of the proposed land exchange. Plaintiffs’ request for relief against the Utilities under NEPA likewise is premature. Adopting the environmental impact statement did not “consummate” the decisionmaking process. View "Driftless Area Land Conservancy v. Rural Utilities Service" on Justia Law

GEFT, a billboard company, sued under 42 U.S.C. 1983 because Monroe County did not allow the installation of a digital billboard along I-69. Receiving a sign permit required compliance with size limits, height restrictions, setback requirements, a ban on changeable-copy (or digital) signs, and a prohibition on off-premises commercial signs, The ordinance provided exceptions to the permit requirement for government signs and certain noncommercial signs. If a proposed sign was ineligible for a permit, the applicant could apply for a use variance, which required specific findings.The district court granted GEFT summary judgment and enjoined the permitting scheme and the variance procedures. The Seventh Circuit vacated in part, first declining to extend the injunction to encompass the entire ordinance. Monroe County’s substantive sign standards do not need a permitting scheme to function. Indiana law provides that local government entities can enforce their own ordinances through civil penalties or injunctions. The court reinstated the variance procedure. That procedure is a “prior restraint” but is not unconstitutional; it does not involve consideration of content, permits ample alternatives for speech, including displays of messages on signs, and it does not give the Board of Zoning Appeals so much discretion that it violates the First Amendment. View "GEFT Outdoor, LLC v. Monroe County Indiana" on Justia Law

In the late 1930s, Milwaukee County built a dam on the Milwaukee River in Estabrook Park, an urban green space that runs along the east bank of the river where the City of Milwaukee borders suburban Shorewood and Whitefish Bay. In 2017 the County transferred the dam to the Milwaukee Metropolitan Sewerage District for the purpose of removing it. Demolition was completed the following year. With the dam removed, the water level immediately upstream fell by about four feet from its previous high-water mark. Kreuziger owns a home along this stretch of the river, and the drop in the water level exposed a ten-foot swath of swampy land on his waterfront that used to be submerged.Kreuziger sued the District and Milwaukee County, alleging that their removal of the dam amounted to a taking of his riparian right to the prior surface water level without just compensation. The Seventh Circuit affirmed summary judgment in favor of the defendants. the riparian rights of waterfront property owners are subordinate to the government’s authority to regulate navigable waterways under the public-trust doctrine. Kreuziger had no property right to have the river remain at the previous level. View "Kreuziger v. Milwaukee County" on Justia Law

In 1993 the Village of Channahon approved the plat of a residential subdivision lying within the DuPage River Special Flood Hazard Area. The Village subsequently issued permits for the construction of houses in this subdivision, all of which experience flooded basements when the river is at high water. The current owners of these houses contend that the Village violated the Constitution either by granting the permits to build or by failing to construct dykes to keep water away.The Seventh Circuit affirmed the dismissal of their suit, noting the plaintiffs do not contend that the Village required them to build where they did or dig basements, or took any steps after the houses’ construction that made flooding worse. The Constitution establishes rights to be free of governmental interference but does not compel governmental intervention to assist persons. Even if the Village violated a local ordinance and a federal regulation, 44 C.F.R. §60.3(c)(7), by granting the applications without insisting that the houses be built higher, the Constitution does not entitle private parties to accurate enforcement of local, state, or federal law. The Village did not take anyone’s property, either by physical invasion or by regulation that prevented the land’s use. The river, which did invade their basements, is not a governmental body. Government-induced flooding of limited duration may be compensable but the -plaintiffs have not plausibly alleged that the water in their basements is “government-induced.” View "Billie v. Village of Channahon" on Justia Law