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

By FindLaw Staff on December 30, 2010 10:59 AM

Restaurant owner's suit against a town for constitutional violations

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


In affirming the district court's dismissal of plaintiff's federal claims and its dismissal of the supplemental state law claim without prejudice, the court held that 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.  The court also held that 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.  Lastly, 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.

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