Muscarello v. Ogle County Bd. of Commissioners

Dist. Ct. did not err in granting defendants' motion to dismiss plaintiff's 12-count complaint that essentially challenged on Constitutional and state law grounds defendants' amendment of zoning ordinance to allow special use permit for construction of windmills on land adjacent to plaintiff. Dismissal of plaintiff's due process, equal protection and 5th Amendment Takings Clause actions was proper since plaintiff failed to allege any physical invasion of her property, and plaintiff otherwise failed to exhaust available state remedies to address any inverse condemnation claim. Moreover, plaintiff's trespass and nuisance claims were not ripe since windmills had not been erected by time of filing of lawsuit. Dist. Ct. did not abuse its discretion in dismissing seven other state-law claims that plaintiff had urged to be considered under Dist. Ct.'s supplemental jurisdiction as set forth in 28 USC section 1367, even though there was potential not raised by plaintiff that Dist. Ct. might have diversity jurisdiction over said claims.