United States Seventh Circuit

In plaintiffs' class action suit against an Illinois town and a subdivision therein alleging violation of the Equal Protection Clause and state negligence laws by discriminating against them by expanding its water services to other subdivisions within the town but not to theirs, summary judgment in favor of the town on the equal protection claim and denial of plaintiffs' motion for supplemental jurisdiction over the state law claim is affirmed where: 1) plaintiffs failed to establish that they have a cognizable claim under Enquist; and 2) even if plaintiffs' claim was cognizable, they have failed to raise a genuine issue of material fact as to whether they are similarly situated to like individuals and whether the town had a rational basis for its disparate treatment of plaintiffs.

Appellate Information

• Argued 10/07/2009
• Decided 12/07/2009
• Published 12/07/2009

Judges

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

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Shawn M. Collins, Attorney (argued), Naperville, IL, Michael D. Hayes, Attorney, Varga, Berger, Ledsky, Hayes & Casey, Chicago, IL, for Plaintiffs-Appellants.


• For Appellees:
  
• Brandon K. Lemley, Attorney (argued), Paul Rettberg, Attorney, Querrey & Harrow, Chicago, IL, for Defendant-Appellee.