Tobin v. City of Peoria, Ill.

ORDER

MIHM, Chief Judge.

This matter is before the Court on Defendant’s Motion to Dismiss [# 3]. For the reasons set forth below, the Motion to Dismiss is GRANTED on the merits as to the issue of whether the Ordinance in question is constitutional on its face and GRANTED WITHOUT PREJUDICE on the issue of whether the Ordinance is constitutional as applied because that issue is not ripe for adjudication at this time. The Motion to Dismiss is GRANTED as to Plaintiffs’ Fair Housing Act allegations, and Plaintiffs have 21 days to replead the deficient allegation.

Factual Background

In 1995, the City…