News & Insights
Ken Michaels Authors Illinois Institute of Continuing Legal Education November Flashpoints, “Seventh Circuit Affirmed Dismissal of Challenge to Chicago Short-Term Leasing Ordinance.”
This month’s article reviews a Seventh Circuit affirmation of dismissal of constitutional claims against a Chicago short-term leasing ordinance without ever getting to the constitutional aspects of the claims. The Seventh Circuit observed in Mogan v. City of Chicago, 115 F.4th 841 (7th Cir. 2024) that the plaintiff unit owner misquoted the underlying prohibition against leasing throughout the proceedings and, on that basis, held that the plaintiff had knowledge that short-term leasing was prohibited before he purchased the unit.
The unit owner sued the City of Chicago and the Roscoe Village Lofts Association in federal court challenging the city’s shared housing ordinance as violating the Fifth Amendment as a taking of property and as inverse condemnation in violation of the Illinois Constitution. The district court dismissed the takings and inverse condemnation claims and did not choose to adjudicate the state law claims. The Court of Appeals affirmed.
For further analysis please visit: https://www.iicle.com/november-2024-iicle-flashpoints#condolaw
The unit owner sued the City of Chicago and the Roscoe Village Lofts Association in federal court challenging the city’s shared housing ordinance as violating the Fifth Amendment as a taking of property and as inverse condemnation in violation of the Illinois Constitution. The district court dismissed the takings and inverse condemnation claims and did not choose to adjudicate the state law claims. The Court of Appeals affirmed.
For further analysis please visit: https://www.iicle.com/november-2024-iicle-flashpoints#condolaw