Dist. Ct. did not err in granting defendant-City’s motion to dismiss plaintiff’s section 1983 action alleging that defendant’s failure to issue plaintiff 25 percent rebate check on City property taxes constituted unlawful taking in violation of 5th and 14th Amendments, where defendant had previously enacted ordinance allowing plaintiff and others to receive instant rebate upon completion of application and approval by City Clerk. Record showed that defendant subsequently repealed ordinance allowing for said rebate, and Ct. rejected plaintiff’s claim that original ordinance bestowed her with “vested right” that could not be taken away by subsequent ordinance, where: (1) plaintiff could not show more than mere expectation based on anticipated continuance of existing law; (2) original ordinance was remedial statute incapable of conferring vested rights; and (3) instant rebate program was discretionary measure that defendant was free to nullify under Illinois law. Fact that defendant had offered rebate program in prior years was immaterial.
Federal 7th Circuit Court
Civil Court
Section 1983 Action