United States Seventh Circuit

In a suit by a landowner alleging that a municipality and other public bodies acting together with another landowner constituted an enterprise whose affairs were conducted through a pattern of racketeering activity in violation of RICO and who violated plaintiff's rights under the Fourteenth Amendment, dismissal for failure to state a claim is affirmed where: 1) the continuing violation doctrine did not operate to save earlier claims from the statute of limitations; 2) those claims that were not time-barred did not establish the requisite pattern of racketeering activity; 3) plaintiff's pleadings did not adequately describe the necessary organizational structure for a RICO claim; and 4) the constitutional claims were also time-barred.

Appellate Information

• Argued 11/29/2007
• Decided 04/01/2008
• Published 04/01/2008

Judges

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

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• John R. Wimmer (argued), Downers Grove, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Russell W. Hartigan, Hartigan & Cuisinier, Chicago, IL, Michael D. Bersani (argued), Hervas, Condon & Bersani, Itasca, IL, Louis J. Aurichio, Butler, Rubin, Saltarelli & Boyd, Thomas G. Dicianni, Ancel, Glink, Diamond, Bush, Dicianni & Krafthefer, Chicago, IL, for Defendant-Appellee.