Legal Opinion

Estate of Himelstein v. City of Fort Wayne

Court of Appeals for the Seventh Circuit

Decided March 28, 1990No. 88-1667PublishedCited by 18 opinions

1Opinion of the Court

CUDAHY, Circuit Judge.

The Himelsteins sued the City of Fort Wayne, Indiana, together with the members of the Fort Wayne Common Council, for the deprivation of their constitutional rights in violation of 42 U.S.C. § 1983 in connection with the Common Council’s decision to challenge the rezoning of the Himel-steins’ land. Magistrate Lee dismissed the Himelsteins’ claims on ripeness and legal sufficiency grounds. We affirm.

I. Facts

In January of 1981, the Fort Wayne Plan Commission presented a zoning petition to the Fort Wayne Common Council seeking to reclassify the Himelsteins’ property from a…

2Cases cited26 opinions

  1. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  2. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  3. Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
  4. Regional Rail Reorganization Act CasesSupreme Court of the United States · 1974
  5. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987

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

3Cited by18 opinions

  1. Samaad v. City of DallasCourt of Appeals for the Fifth Circuit · 1991
  2. New Burnham Prairie Homes, Inc. v. Village of BurnhamCourt of Appeals for the Seventh Circuit · 1990
  3. Kathleen H. Gamble v. Eau Claire CountyCourt of Appeals for the Seventh Circuit · 1993
  4. McKENZIE v. CITY OF WHITE HALLCourt of Appeals for the Eighth Circuit · 1997
  5. Estate of HimelsteinCourt of Appeals for the Seventh Circuit · 1990

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

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