Zoning text amendment permits winds of change

A recent decision of the Seventh Circuit federal court of appeals rejected a claim to prevent the construction of a windmill farm.

Plaintiff Muscarello owns property in Winnebago County and the County Zoning Board of Appeals approved a text amendment to the zoning ordinance to allow the construction of windmills in the county. A proposed windmill farm was to be located adjacent to plaintiff’s property and she filed a complaint challenging the text amendment process and citing various federal and state claims regarding the devaluation of her property. The U.S. District Court for the Northern District of Illinois, Western Division, dismissed her complaint and, on appeal, the Seventh Circuit affirmed, finding that dismissal of the plaintiff’s due process, equal protection and 5th Amendment Takings Clause actions was proper because plaintiff failed to allege any physical invasion of her property and failed to exhaust available state remedies to address any inverse condemnation claim.

Patricia Muscarello v. Ogle County Bd. of Commissioners, Nos. 08-2464 & 09-1381 Cons. (N.D. Ill., W. Div., June 24, 2010) Affirmed