Miller v. City of Monona

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In 2004, Miller sought to build a four-unit condominium project on her Monona lot. The process stalled while Miller bought another lot, amended the plan, and abated an unexpected asbestos problem. She had unsuccessful negotiations with her neighbor, a former mayor, who trespassed on her property at the direction of city officials and took photographs for use at a planning commission meeting to oppose her project. Citations were issued for creating a public nuisance and working without a proper permit; the Wisconsin Department of Natural Resources issued a “stop work” order because of asbestos; Miller was required to erect a fence; and she was told that weeds were too high and was ordered to remove various structures. A court rejected three out of four citations issued against her, stating that, although “some of the efforts to enforce compliance were unreasonable,” Miller had not pointed to any similarly situated person who had been treated differently. Monona refused to adjust the taxes on Miller’s property to reflect the demolitions. Officials continued to trespass by parking cars on her property. In 2010, Miller filed suit, asserting equal protection violations. The district court dismissed, finding that Miller had not identified a suitable comparator and that there was no evidence that Miller had been treated unfairly because of her sex. The Seventh Circuit affirmed, noting conceivable rational reasons for various actions and requirements. View "Miller v. City of Monona" on Justia Law