Dist. Ct. did not err in granting defendant-Village’s motion for summary judgment in plaintiff-property owner’s section 1983 action, alleging that defendant’s demolition of long-time empty home on plaintiff’s property that defendant had deemed to be nuisance, as well as sale of said property to satisfy defendant’s lien for demolition costs violated plaintiff’s substantive due process rights, where plaintiff argued that demolition was tantamount taking without compensation. Demolition of dilapidated structure that constituted public nuisance does not violate due process clause and does not require compensation. Moreover, defendant gave notice of demolition and opportunity for plaintiff to file lawsuit to determine whether house met criteria for demolition, but plaintiff failed to take opportunity to file said lawsuit. As such, plaintiff cannot complain about consequences of its own inaction.
Federal 7th Circuit Court
Civil Court
Due Process