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

Nos. 08-3032, 08-3033.

562 F.3d 830 (2009)

CITY OF JOLIET, ILLINOIS, Plaintiff-Appellee, v. NEW WEST, L.P., and New Bluff, L.P., Defendants-Appellants. United States Department of Housing and Urban Development and Evergreen Terrace Tenants, Intervening Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided April 9, 2009.

Attorney(s) appearing for the Case

Carl Gigante, Attorney, Peter A. Silverman, Attorney, Figliulo & Silverman, Chicago, IL, for Plaintiff-Appellee.

Katherine E. Walz, Attorney, Sargent Shriver National Center on Poverty Law, Chicago, IL, Christine N. Kohl, Attorney, Department of Justice Civil Division, Appellate Staff, Washington, DC, for Defendants-Appellants.

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

EASTERBROOK, Chief Judge.

For several years the City of Joliet, Illinois, has been trying to acquire the Evergreen Terrace apartment complex, which the City believes is so run-down that it constitutes a public nuisance. After the City commenced eminent domain proceedings in state court, New West, a partnership that owns the complex, removed the proceeding to federal court and filed a suit under 42 U.S.C. § 1983 seeking an injunction and damages. The district...

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