Muscarello v. Winnebago County Bd.

Federal 7th Circuit Court
Civil Court
Case Number: 
Nos. 11-2332 & 11-3258 Cons.
Decision Date: 
December 7, 2012
Federal District: 
N.D. Ill., W. Div.
Dist. Ct. did not err in dismissing for failure to state cause of action plaintiff’s lawsuit alleging that defendants-County officials violated takings clause of U.S. and Ill. Constitutions, as well as due process clause by amending zoning ordinance that made it easier for plaintiff’s neighbors to build wind farms. County ordinance does not transfer possession of any of plaintiff’s property or limit her use of it for purposes of asserting violation under takings clause of U.S. Constitution, and plaintiff could not assert violation of takings clause under Ill. Constitution since no wind farm has been built and no physical disturbance of plaintiff’s property has occurred. Moreover, change in procedure for obtaining permission to build wind farm is insufficient to qualify as deprivation of property for purposes of asserting potential due process violation. Ct. further observed that plaintiff’s lawsuit improperly sought judicial intervention into public regulation of land use.