United States Seventh Circuit

Tyrer v. City of South Beloit, 07-2394

In a suit alleging that a city demolished plaintiff's house without due process of law or just compensation, denial of a motion to lift a stay on federal proceedings is affirmed where: 1) the state proceedings that had taken place did not indicate the type of hostility that would justify lifting the stay; 2) restarting the federal proceedings ran the risk of substantial duplication and/or interference; and 3) there was nothing to prevent the state court from considering plaintiff's new evidence during state court proceedings.

Appellate Information

• Argued 11/30/2007
• Decided 02/22/2008
• Published 02/22/2008

Judges

• RIPPLE, Circuit Judge., Before CUDAHY, RIPPLE and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Bernard P. Reese (argued), Reese & Reese, Rockford, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Stephen E. Balogh, III (argued), Williams McCarthy, Rockford, IL, for Defendant-Appellee.