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NEW WEST, L.P. v. CITY OF JOLIET

No. 06-3665.

491 F.3d 717 (2007)

NEW WEST, L.P., Plaintiff-Appellant, v. CITY OF JOLIET, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 5, 2007.

Attorney(s) appearing for the Case

F. Thomas Hecht (argued), Claudette P. Miller, Ungaretti & Harris, Chicago, IL, for Plaintiff-Appellant.

Carl Gigante, Peter A. Silverman (argued), Figliulo & Silverman, Chicago, IL, for Defendants-Appellees.

Before EASTERBROOK, Chief Judge, and WILLIAMS and SYKES, Circuit Judges.

EASTERBROOK, Chief Judge.

New West owns and operates Evergreen Terrace, an apartment complex in Joliet, Illinois. The Department of Housing and Urban Development subsidizes Evergreen Terrace under § 8 of the Housing Act of 1937, 42 U.S.C. § 1437f, so that persons with low incomes can afford to live there. Joliet thinks that Evergreen Terrace, built in 1965, is so rundown that it is a public nuisance. It has filed suit in state court seeking to condemn the...

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