Special Use Permit-Constitutional Rights-Evidence

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7^th Circuit Court of Appeals

Case Name: Chicago Joe’s Tea Room, LLC v. Village of Broadview

Case No.: 22-3194

Officials: Rovner, Hamilton, and Brennan, Circuit Judges.

Focus: Special Use Permit-Constitutional Rights-Evidence

Chicago Joe’s Tea Room LLC intended to establish an adult entertainment venue in a Chicago suburb. However, their application for a special-use permit was denied by the Village of Broadview, leading the plaintiff to assert that their constitutional rights were infringed upon. Seeking millions of dollars in lost profits for the unrealized business venture, the plaintiff encountered hurdles in the U.S. District Court for the Northern District of Illinois. Substantive and procedural concerns led the court to exclude a significant portion of the plaintiff’s evidence and claims for lost-profit damages, ultimately awarding them a mere $15,111 in damages.

The Seventh Circuit found no instances of judicial misconduct. The appellate court reasoned that the plaintiff’s estimations of lost profits exceeded their personal knowledge and necessitated expert-level analysis and adjustments. Moreover, the plaintiff’s failure to timely disclose crucial damages evidence violated the Federal Rules of Civil Procedure. Additionally, the court rejected the plaintiff’s bid to amend their complaint to contest a state statute, deeming the request untimely, as it was raised a decade after relevance. Granting such an amendment would have resulted in undue delay and prejudice to the Village, according to the court’s findings.

Affirmed.

Decided 02/26/24

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