BERNARD v. VILLAGE OF HINSDALE

No. 03 C 8645.

411 F.Supp.2d 965 (2006)

John A. BERNARD, and Delavan Homes, Inc., an Illinois corporation, Plaintiffs, v. VILLAGE OF HINSDALE, an Illinois municipal corporation; Bohdan J. Proczko, individually and as Village Manager of Defendant Village of Hinsdale; Charles F. Schmidt, individually and as Building Commissioner of Defendant Village of Hinsdale; Matthew Fiascone, individually and as Member of the Zoning Board of Appeals of Defendant Village of Hinsdale; Steven Thayer, individually and as Member of the Zoning Board of Appeals of Defendant Village of Hinsdale; and Paul Anglin, individually and as Chairman and Member of the Zoning Board of Appeals of Defendant Village of Hinsdale, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

January 31, 2006.


Attorney(s) appearing for the Case

John R. Wimmer, Attorney at Law, Downers Grove, IL, for Plaintiffs.

Richard T. Ryan, Mark F. Smolens, Richard L. Jones, Ryan, Smolens & Jones, Chicago, IL, for Defendants.


MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

In their complaint, the plaintiffs, John Bernard ("Bernard") and Delavan Homes, Inc., allege that they were denied equal protection of the law when the Village of Hinsdale (the "village") denied them a permit to build a second residence on Bernard's property. Bernard purchased property at 640 Mills Street (the "property") in the village in July, 1999. The property consisted of two lots of record...

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