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Property Right – Ordinance

By: Derek Hawkins//November 14, 2016//

Property Right – Ordinance

By: Derek Hawkins//November 14, 2016//

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7th Circuit Court of Appeals

Case Name: Leora H. Bell v. City of Country Club Hills

Case No.: 16-1245; 16-1448

Officials: BAUER, KANNE, and HAMILTON, Circuit Judges

Focus: Property Right – Ordinance

Plaintiff-appellant, Leora H. Bell, filed suit against Defendant-appellee, City of Country Club Hills, claiming a deprivation of her constitutional rights in violation of 42 U.S.C. § 1983. Bell’s claims arise from the City’s decision to repeal an ordinance that provided a twenty-five percent tax rebate to qualifying homeowners. The district court granted the City’s motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), holding that the tax rebate did not confer a vested property right upon Bell. Bell appeals, arguing that she maintains a vested property right in the rebate program, and that the City unlawfully repealed the ordinance. For the reasons stated below, we affirm.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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