Legal Opinion

Muscarello v. Winnebago County Board

Court of Appeals for the Seventh Circuit

Decided December 7, 2012No. 11-2332, 11-3258PublishedCited by 4 opinions

1Opinion of the Court

POSNER, Circuit Judge.

The plaintiff owns three tracts of land zoned agricultural in Winnebago County, Illinois. Her suit attacks on a variety of grounds, both federal and state, a 2009 amendment to the County’s zoning ordinance that makes it easier than it was before the amendment for an owner of such property to obtain permission to build a wind farm on it. She worries that a wind farm on land adjacent to property of hers would damage the property in a rather frightening variety of ways, including depriving the property “of the full extent of the kinetic energy of the wind and air as it…

2Cases cited33 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Perry v. SindermannSupreme Court of the United States · 1972
  3. Summers v. Earth Island InstituteSupreme Court of the United States · 2009
  4. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  5. Bi-Metallic Investment Co. v. State Board of EqualizationSupreme Court of the United States · 1915

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3Cited by4 opinions

  1. Illinois Commerce Commission v. Federal Energy Regulatory CommissionCourt of Appeals for the Seventh Circuit · 2013
  2. Hampton v. Metropolitan Water Reclamation DistrictIllinois Supreme Court · 2016
  3. Proctor v. McNeilDistrict Court, N.D. Illinois · 2014
  4. Infinium Builders LLC v. Metropolitan Government of Nashville & Davidson CountyDistrict Court, M.D. Tennessee · 2025

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