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Property Owner's Challenge to City Ordinance Re Windmills to Generate Power

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By FindLaw Staff on June 24, 2010 4:58 PM

Muscarello v. Ogle County Bd. of Comm'rs, No. 08-2464, concerned a plaintiff's suit against multiple defendants asserting various claims based on the U.S. Constitution, the Illinois Constitution, Illinois statutes, and the common law, arising from the county's decision to amend its zoning ordinances to allow special permits for the construction of windmills used to generate power, and in particular, the construction of 40 windmills adjacent to plaintiff's property.

In affirming the judgment of the district court, the court held that plaintiff's federal takings, equal protection, and due process claims failed to state a claim upon which relief can be granted.  With respect to plaintiff's state law trespass and nuisance claims, the court held that the claims are not ripe for review.  Lastly, the court held that plaintiff has failed to avail herself of the opportunity to allege and support an independent basis of federal subject-matter jurisdiction over the other seven claims.  And, with respect to defendant's motion for an administrative stay, the court held that the district court did not abuse its discretion in denying the motion. 

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