Property Owner Sues Village Under 42 USC §1983 for Preventing Use of Third Floor Commercial Space—Owner Alleged Village Selectively Enforced Its Building Code and Acted in a Retaliatory Manner—Court Rejected Owner’s Substantive Due Process Claim Based on Erroneous Application of Village Code, but Permitted Selective Enforcement Claim to Proceed—Notice of Claim—Qualified Immunity
Following a “protracted land-use dispute, the plaintiff [commercial property owner]” commenced an action against a village, its trustees and certain village officials, seeking “ damages for alleged violations of her constitutional rights to substantive and procedural due process, and of her right to be compensated for the taking of her property.” The issues were whether the plaintiff stated causes of action for violation of 42 USC §1983 and whether the defendants were entitled to summary judgment.
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