United States Seventh Circuit

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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.