Local Government Law

Dist. Ct. did not err in granting defendant-City’s motion for summary judgment in sections 1981 and 1982 action alleging that defendant failed to grant plaintiff’s request to amend zoning ordinance on account of race where buyers of plaintiff’s hotel sought permission to operate hotel as retirement home that would house mostly African-American residents. Current and prior zoning classification of property did not allow for instant proposed residential use, and plaintiff failed to present evidence that defendant had allowed any retirement home catering to white residents in present zoning classification. Moreover, record demonstrated rationality in defendant’s decision not to approve special use for retirement home in current heavy industrial district.

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.