United States Seventh Circuit

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Muscarello v. Ogle County Bd. of Comm'rs, 08-2464

In plaintiff's suit against multiple defendants asserting various claims based on the U.S. Constitution, the Illinois Constitution, Illinois statutes, and the common law, arsing from the county's decision to amend its zoning ordinances to allow special permits for the construction of windmills used to generate power, and in particular, the construction of 40 windmills adjacent to plaintiff's property, judgment of the district court is affirmed where: 1) plaintiff's federal takings, equal protection, and due process claims fail to state a claim upon which relief can be granted; 2) plaintiff's state law trespass and nuisance claims are not ripe for review; 3) plaintiff has failed to avail herself of the opportunity to allege and support an independent basis of federal subject-matter jurisdiction over the other seven claims; and 4) the district court did not abuse its discretion in denying defendant's motion for an administrative stay.

Appellate Information

  • Decided 06/24/2010
  • Published 06/24/2010



  • United States Seventh Circuit