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PETERS v. VILLAGE OF CLIFTON

No. 06-3735.

498 F.3d 727 (2007)

Bruce PETERS, Plaintiff-Appellant, v. VILLAGE OF CLIFTON, an Illinois Municipal Corporation, Alexander Cox & McTaggert, Incorporated and Joseph McTaggert, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 22, 2007.

Attorney(s) appearing for the Case

J. David Breemer (argued), Pacific Legal Foundation, Sacramento, CA, for Plaintiff-Appellant.

James C. Kearns, Tamara K. Hackman (argued), Heyl, Royster, Voelker & Allen, Urbana, IL, Jeffrey W. Tock, Harrington, Tock & Royse, Champaign, IL, for Defendants-Appellees.

Before RIPPLE, MANION and WILLIAMS, Circuit Judges.

RIPPLE, Circuit Judge.

Bruce Peters brought this action under 42 U.S.C. § 1983 against the Village of Clifton ("Village"), Alexander, Cox & McTaggert, Inc. ("ACM") and Joseph McTaggert. He alleged that the defendants had trespassed on his property in order to expand the Village's sewage discharge system and, in so doing, had committed an unconstitutional taking of his property in violation of the Fifth and Fourteenth Amendments. On the Village's Rule 12(b...

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