Justia U.S. 7th Circuit Court of Appeals Opinion Summaries

Stars is a nude dancing establishment in Neenah, Wisconsin. When Stars opened in 2006, the County had a zoning ordinance governing Adult Entertainment Overlay Districts. Stars’s application was stalled because, all parties agree, the 2006 ordinance violated the First Amendment. Its owner sued in federal court, arguing that anything is legal that is not forbidden, and Staars was banned only by an unconstitutional ordinance: therefore, Stars was permitted in 2006 and is now a legal nonconforming use that cannot be barred by a later ordinance. The court granted summary judgment to Winnebago County, reasoning that it was possible to use the law’s severance clause to strike its unconstitutional provisions. The Seventh Circuit reversed in part, agreeing that the permissive use scheme laid out in the ordinance was unconstitutional, but reasoning that, after the constitutional problems are dealt with, the remaining questions concern state law. Their resolution depends on facts that were not developed, and on the possible existence of a power not only to sever problematic language but to revise it—a power federal courts do not have. The district court should have declined to exercise supplemental jurisdiction over the state-law claims and should have dismissed them without prejudice so that the parties may pursue them in state court. View "Green Valley Inv., LLC v. Winnebago Cnty." on Justia Law

World Outreach, a religious organization, purchased a YMCA building in a poor area of Chicago, planning to rent rooms to needy persons. The YMCA had a license for that use, even after the area was rezoned as a community shopping district. The city refused to grant World Outreach a license, ostensibly because it did not have a Special Use Permit (SUP). After the area was reclassified as a Limited Manufacturing/Business Park District, the city sued in state court, contending that the use was illegal. The city later abandoned the suit. World Outreach sued under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. 2000cc. The city relented and granted the licenses. According to World Outreach the city continued harassing it. On remand, the district court entered summary judgment in favor of the city on all but one claim. The Seventh Circuit affirmed partial summary judgment in favor of World Outreach, regarding the attorneys’ fees for having to defend itself against a frivolous suit, reversed partial summary judgment to the city, and remanded. The frivolous suit cannot be thought to have imposed a merely insubstantial burden on the organization, but the organization presented weak evidence concerning damages for the two years during which it was denied a license. View "World Outreach Conference Ctr. v. City of Chicago" on Justia Law

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

A 1991 judgment, not appealed, upheld a state statute prohibiting members of the Indian tribes from hunting deer at night outside the tribes’ reservations. Wisconsin Indians had hunted deer at night since before they had electricity. Tribe members sought relief from the judgment under Fed. R. Civ. P. 60(b)(5) on the ground that its continued enforcement would be “no longer equitable” and asserting that “tribal members need to hunt for subsistence purposes. Between 25% and 93% of Tribal members are unemployed. They also claimed that “tribal members need to hunt at night for cultural and religious reasons.” The district court denied the motion, precipitating this appeal. The Seventh Circuit reversed, noting that neighboring states allow night hunting; that the state has stringent regulations; and concerns about Indian cultural and dietary practices relating to deer hunting, poverty, and unemployment. Evidence presented by the tribes indicated that night hunting for deer in the identified territory is unlikely to create a serious safety problem.View "Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. WI" on Justia Law

Springfield has an ordinance that prohibits panhandling in its “downtown historic district”—less than 2% of the city’s area but containing its principal shopping, entertainment, and governmental areas, including the Statehouse and many state-government buildings. The ordinance defines panhandling as an oral request for an immediate donation of money. Signs requesting money are allowed; as are oral pleas to send money later. Plaintiffs have received citations for violating this ordinance and allege that they will continue panhandling but fear liability. They unsuccessfully sought a preliminary injunction. The parties agreed that panhandling is a form of speech, to which the First Amendment applies, and that if it drew lines on the basis of speech’s content it would be unconstitutional. The Seventh Circuit affirmed, upholding the ordinance, which it called “indifferent to the solicitor’s stated reason for seeking money, or whether the requester states any reason at all…. Springfield has not meddled with the marketplace of ideas.” The prohibition is based on where a person says something rather than what position a person takes.View "Norton v. City of Springfield" on Justia Law

The Clean Air Act, 42 U.S.C. 7401, allows each state to craft a state implementation plan to control the levels of certain air pollutants. Most state plans include “Prevention of Significant Deterioration” (PSD) programs, to prevent backsliding in “attainment areas” that meet or exceed the Act’s air quality standards, while allowing some new sources of pollution. A PSD program prevents designated sources from propelling the region’s aggregate emissions over specified limits. The Act establishes these limits by setting a baseline and a cap on pollutants above that baseline. The Act grandfathers sources operational before 1975: the baseline incorporates their emissions, with post-1975 sources counting against the allowance. Title V of the Act requires each covered stationary source to have an operating permit. In 2002 Georgia-Pacific asked Wisconsin to renew the Title V permit for its pre-1975 paper mill. Meanwhile, Georgia-Pacific modified a paper machine at the plant. The application was unopposed and the modification permit issued in February 2004. In 2011 Wisconsin reissued the plant’s operating permit. Objectors claim that modifications to any part of a plant require all emissions from the plant, including pre-1975 emissions incorporated into the baseline, to count against the state’s allowance, so that the whole plant might need to close for lack of available allowance. The U.S. EPA declined to object, concluding that Wisconsin’s approach is consonant with its understanding of the statute. The Seventh Circuit denied a petition for review. EPA presented a reasonable interpretation of an ambiguous statutory provision.View "Clean Water Action Council of NE WI, Inc. v. Envtl. Prot. Agency" on Justia Law

CEnergy filed suit against Glenmore claiming a denial of its right under the Fourteenth Amendment to substantive due process and a violation of the town's state law obligation to deal in good faith. While CEnergy obtained a conditional use permit from Glenmore to develop a wind farm, the company failed to obtain required building permits in time to take advantage of a lucrative opportunity to sell electricity generated by wind turbines to a Wisconsin power company. The court concluded that the town board's decision to delay action on CEnergy's building permit requests could not have been arbitrary in the constitutional sense. Even if the board's treatment of the building permit applications had been arbitrary in the constitutional sense, CEnergy still would have failed to state a substantive due process claim where a plaintiff who ignores potential state law remedies cannot state a substantive due process claim based on a state-created property right. Accordingly, the court affirmed the judgment of the district court. View "CEnergy-Glenmore Wind Farm #1 v. Town of Glenmore" on Justia Law

In 1952 an Illinois owner granted a pipeline operator an easement for two pipelines across the parcel. The first was built immediately; the second, if built, had to be within 10 feet of the first. The contract says that any pipeline must be “buried to such depth as will not interfere with such cultivation.” In 2012 the operator notified the owner that it planned to build a second pipeline. The owner filed a quiet-title suit, alleging that either the right to build a second line had expired or that another line would violate the farmability condition. The operator replied that 49 U.S.C. 60104(c), preempts enforcement of the farmability condition. The district court dismissed. A second pipeline has been built 50 feet from the first, using eminent domain to obtain the necessary rights, but the owner anticipates construction of a third pipeline. Vacating the judgment, the Seventh Circuit held that no construction is currently planned and the district court acted prematurely. Until details of a third pipeline’ are known, it is not possible to determine what effect it would have on agricultural use. Only if a third pipeline prevents using the land for agriculture would it be necessary (or prudent) to determine whether section 60104(c) establishes a federal right to destroy more of the land’s value than paid for in 1952. The court stated that it had no reason to think that Illinois would call the 1952 contract an option or apply the Rule Against Perpetuities. View "Knight v. Enbridge Pipelines, L.L.C." on Justia Law

Woodboro has about 750 residents on 21,857 acres, within Oneida County. Woodboro’s 1998 Land Use Plan encourages low density single family residential development for waterfront properties and maintaining rural character. The 2009 Woodboro Comprehensive Plan incorporates that language. There are 177 parcels on Squash Lake, all but seven zoned for single-family uses. The seven parcels zoned for business were pre-existing uses under initial zoning in 1976. In 2001, Woodboro voluntarily subjected itself to the Oneida County Zoning and Shoreland Protection Ordinance, under which religious uses are permitted throughout the County and Woodboro. Year-round recreational and seasonal camps are permitted in 36 and 72 percent of the County; churches and religious schools are allowed on 60 percent of the land in the County. Churches and schools are permitted on 43 percent of Woodboro land; campgrounds (religious or secular) on about 57 percent. Eagle Cove sought to construct a Bible camp on 34 acres on Squash Lake in Woodboro, asserting that their religion mandates that the camp be on the subject property and operate year-round. The property is zoned Single Family Residential and Residential and Farming. Woodboro recommended denial. The County denied rezoning based on conflict with single-family usage. The district court entered summary judgment in favor of the municipalities. The Seventh Circuit affirmed, rejecting arguments under the Religious Land Use and Institutionalized Persons Act, the First and Fourteenth Amendments of the U.S. Constitution, and the Wisconsin Constitution. View "Eagle Cove Camp & Conference Ctr., Inc. v. Town of Woodboro, WI" on Justia Law

Third Site is a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) site that was part of a larger area, under common ownership by the Bankerts, used for recycling industrial wastes. Cleanup initially focused on other sites, but in 1987 and 1992 consultants found concentrations of volatile organic compounds; Third Site was transferring pollutants to Finley Creek, which flows to Eagle Creek Reservoir, which supplies Indianapolis drinking water. The creek was realigned. In 1999, the EPA entered into an Administrative Order by Consent (AOC) with potentially responsible parties. Non-Premium Respondents agreed to undertake an Engineering Evaluation and Cost Analysis (EE/CA) of removal alternatives and to settle a trust to bankroll the EE/CA. Premium Respondents, allegedly de minimis contributors, were entitled to settle out with a one-time Trust contribution under 42 U.S.C. 9622(g). Non-Premium Respondents met their obligations. In 2002, the parties entered into a second AOC to perform work described by the Enforcement Action Memorandum: Non-Premium respondents had the same Trust obligations for removal efforts. The Bankerts are Non-Premium Respondents under both AOCs, but have not met their obligations. In 2008, the Trustees sued the Bankerts and their insurers, seeking cost recovery under CERCLA, 42 U.S.C. 9607(a), and Indiana law. One of the insurers argued that its successful litigation in connection with cleanup of the adjoining site precluded a finding of coverage. Entering summary judgment for the Bankerts, the district court construed the CERCLA claim as seeking contribution under 42 U.S.C. 9613(f), and barred by the statute of limitations, so that issues concerning the insurer were moot. The Seventh Circuit remanded reinstated claims under 42 U.S.C. 9607(a)(4)(B), to recover costs incurred under the 2002 AOC and against the insurer. On rehearing, the court clarified that a party responsible for contamination may obtain an immediately effective release from the EPA in a settlement, or it may obtain only a performance-dependent conditional covenant not to sue with an accompanying disclaimer of liability. Whether, and when, a given settlement “resolves” a party’s liability under 42 U.S.C. 9613(f)(3)(B) is case-specific and depends on its terms. In this case, the AOC did not provide for resolution upon entering into the agreement. View "Bernstein v. Bankert" on Justia Law