Black Earth Meat Mkt., LLC v. Village of Black Earth

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For 60 years, a butcher shop operated on property in Black Earth that is zoned for commercial use, as a legal nonconforming use. In 2001, BEM purchased the property. After 2009, the volume and frequency of slaughter increased. By 2011, neighbors were complaining about increased traffic, trucks blocking the road, livestock noise, foul odors, improper storage of animal parts, and the presence of offal, blood, and animal waste in the streets. Steers escaped from the facility three times and had to be shot dead on Village streets. In 2013, the Village held several public meetings, and, because citations had no effect on BEM’s behavior, ordered BEM to propose an acceptable plan for relocating its slaughter activities. BEM did not relocate. After several delays, the Village threatened litigation. As a result of that threat, the USDA refused to guarantee a bank loan to BEM. BEM lost its financing, closed, and sued the Village and board members. The Seventh Circuit affirmed summary judgment for the defendants. Even if the threat of litigation could, itself, constitute a due process violation and were a sufficiently direct cause of BEM’s alleged deprivations, there is no evidence that the process accorded to BEM was inadequate. Procedural due process generally requires only “notice and an opportunity to be heard.” View "Black Earth Meat Mkt., LLC v. Village of Black Earth" on Justia Law