Commonwealth Plaza Condo. Assoc. v. City of Chicago, No. 11-3776 (7th Cir. 2012)
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In 2004, Resurrection sought to rezone property around Saint Joseph Hospital in Chicago to allow further development of the campus. Plaintiffs own property within 250 feet of the property and objected to the rezoning. In 2006, the city approved the rezoning and amended the Chicago Zoning Ordinance to create IPD 1019. Plaintiffs filed a complaint in state court, claiming that the ordinance violated plaintiffs’ constitutional rights under the due process clauses of the Illinois and U.S. Constitutions because it was inconsistent with provisions of the Chicago Zoning Code. The state trial court granted summary judgment in favor of the city. The Illinois Appellate Court affirmed, stating: “The IPD ordinance … is not rendered unconstitutional simply because this municipality, a home rule unit, violated its own self-imposed ordinances in enacting the IPD ordinance.” The Illinois Supreme Court denied leave to appeal. Plaintiffs filed in federal court. The district court dismissed the claim as barred by the Rooker-Feldman doctrine, under which federal district and circuit courts lack jurisdiction to review decisions of state courts. The Seventh Circuit affirmed the dismissal for lack of jurisdiction.
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