09-3297 Labella Winnetka, Inc., v. The Village of Winnetka

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Constitutional Law
Due process

A village’s refusal to issue building permits or a liquor license did not violate substantive or procedural due process.

“Apart from the renewal form allegations, LaBella also alleged that defendants ‘cancelled’ its liquor license ‘without cause, notice or a hearing.’ LaBella contends that that allegation-which the district court appears to have overlooked or read in conjunction with the renewal form allegations-is sufficient to allege a deprivation of its property interest in its liquor license. We disagree. The amended complaint contains no allegations regarding when or how defendants revoked the license. As such, it does not contain sufficient facts to put defendants on notice of the basis for LaBella’s procedural due process claim. Therefore, LaBella failed to satisfy even the lenient notice-pleading requirement of Federal Rule of Civil Procedure 8(a). See Bissessur v. Ind. Univ. Bd. of Trs., 581 F.3d 599, 603 (7th Cir. 2009); Tamayo v. Blagojevich, 526 F.3d 1074, 1083 (7th Cir. 2008).”

Affirmed.

09-3297 Labella Winnetka, Inc., v. The Village of Winnetka

Appeal from the United States District Court for the Northern District of Illinois, Kendall, J., Flaum, J.

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