United States Seventh Circuit

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LaBella Winnetka, Inc. v. Village of Winnetka, 09-3297

In plaintiff's suit against a town and the town manager, claiming various constitutional violations and a state law claim for intentional interference with its lease and its prospective business expectancy, claiming that defendants prevented plaintiff from reopening its restaurant following a roof fire, district court's dismissal of plaintiff's federal claims and its dismissal of the supplemental state law claim without prejudice is affirmed where: 1) plaintiff has failed to make out a prima facie case of denial of equal protection as it has failed to plead facts suggesting that it was treated differently from similarly situated restaurants; 2) plaintiff has no independent constitutional violation on which to base its substantive due process claim, and plaintiff has waived its argument that its amended complaint sufficiently alleged that its state law remedies are inadequate; 3) plaintiff's due process claim based on defendants' failure to send the annual liquor license renewal form and alleged cancellation of plaintiff's liquor license fails.

Appellate Information

  • Argued 10/26/2010
  • Decided 12/29/2010
  • Published 12/29/2010

Judges

  • <a href="http://pview.findlaw.com/view/2338571_1">FLAUM</a>

Court

  • United States Seventh Circuit

Counsel