Legal Opinion

James N. Barbian and Joan L. Barbian v. Constantine Panagis and the City of Milwaukee

Court of Appeals for the Seventh Circuit

Decided November 30, 1982No. 81-2010PublishedCited by 48 opinions

1Opinion of the Court

HARLINGTON WOOD, Jr., Circuit Judge.

The plaintiffs, homeowners in the City of Milwaukee, Wisconsin, brought this action under 42 U.S.C. § 1983 against the City of Milwaukee and Dr. Constantine Panagis, in his official capacity as Commissioner of the Department of Health (“the Department”). Plaintiffs alleged the Department’s decision to grant the Lindner Brothers Trucking Company (“Lindner Brothers”), an adjacent business, a permanent variance from the municipal noise ordinance violated their rights under the Fourteenth Amendment. The plaintiffs claimed the decision was arbitrary and…

2Cases cited58 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  4. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  5. Parratt v. TaylorSupreme Court of the United States · 1981

53 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. John A. Reed, Gerald G. Kaluzny, and Rbk, Ltd. v. Village of ShorewoodCourt of Appeals for the Seventh Circuit · 1983
  2. Coniston Corporation v. Village of Hoffman EstatesCourt of Appeals for the Seventh Circuit · 1988
  3. John Brown v. Steve BrienenCourt of Appeals for the Seventh Circuit · 1983
  4. González-Droz v. González-ColónCourt of Appeals for the First Circuit · 2011
  5. Jerome Polenz and Donna Polenz v. Thomas Parrott and Russell BorlandCourt of Appeals for the Seventh Circuit · 1989

43 more not listed; retrieve them via the Exa API.

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