United States Seventh Circuit

In a suit involving the permanent conversion of plaintiff's farmland to wetlands, dismissal of the takings clause suit against a municipality for failure to exhaust state judicial remedies is affirmed where an action in the state courts was not guaranteed to be futile because of the antiquity of the ruling state supreme court decision, and the intervening change in the legal status of wetlands.

Appellate Information

• Argued 10/31/2006
• Decided 04/10/2007
• Published 04/10/2007

Judges

• POSNER, Circuit Judge., Before POSNER, WOOD, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Constantine J. Gekas (argued), Gekas & Associates, Chicago, IL, for Plaintiffs-Appellants.


• For Appellees:
  
• John F. Norton (argued), W. Anthony Andrews, Norton, Mancini, Argentati, Weiler & Deano, Wheaton, IL, for Defendant-Appellee.