Billie v. Village of Channahon, Illinois

Dist. Ct. did not err in dismissing for failure to state viable claim, plaintiffs’ action, alleging that defendant-Village violated their Constitutional rights by either granting plaintiffs permits to build their homes in designated flood plain without ensuring that their basements would remain dry or by failing to construct dikes to keep water away from their basements. While Constitution establishes right to be free of governmental interference, it does not compel governmental intervention to assist persons from their own bad decision to build house in flood plain. Moreover, even if Village violated both local ordinance and federal regulation when issuing permits, Constitution does not entitle private parties to accurate enforcement of local, state or federal law, especially where no one forced plaintiffs to build their houses on flood plain. Also, Takings Clause did not apply, where Village did not take anyone’s property, either by physical invasion or by regulation.