United States Seventh Circuit

In a suit arising from a town's amendment of its zoning ordinance to limit all service stations to a maximum of two acres in size, dismissal for failure to state a claim is affirmed where: 1) the claim was not a takings claim, and was therefore ripe, and federal subject matter jurisdiction existed; and 2) the complaint's allegations were insufficient to overcome the presumption of rationality that attaches to government actions in a class of one equal protection case.

Appellate Information

• Argued 11/04/2008
• Decided 12/05/2008
• Published 12/05/2008

Judges

• FLAUM, Circuit Judge., Before BAUER, FLAUM, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Brent D. Wride, Attorney, Justin T. Toth (argued), Ray Quinney & Nebeker, P.C., Salt Lake City, UT, for Plaintiff-Appellant.


• For Appellees:
  
• Wayne C. Turner, Attorney, Bingham Mchale, Indianapolis, IN, Gregory A. Neibarger, Attorney (argued), for Defendants-Appellees.