LaBella Winnetka, Inc. v. The Village of Winnetka

Dist. Ct. did not err in dismissing plaintiff's section 1983 action alleging violations of due process and equal protection rights when defendants-City officials failed to either issue needed permits to repair plaintiff's restaurant, send forms to renew plaintiff's liquor license, or permit portions of plaintiff's restaurant to be open during restaurant's repair when they allowed other restaurants to operate under similar circumstances. Plaintiff failed to show that damages it sustained to its roof were sufficiently similar to damages sustained by proposed comparable restaurants so as to establish class-of-one equal protection claim. Moreover, as to plaintiff's substantive and procedural due process claims, plaintiff failed to adequately plead that it had no adequate state law remedy to address any alleged deprivation of property interests in its restaurant business.