Articles Posted in US Court of Appeals for the Seventh Circuit

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Chessie is a railroad authorized to operate one mile of track in Melrose Park, Illinois. It has apparently been many years since trains have run on that track. Krinos owns and operates an adjacent industrial facility. A spur and side track run over Krinos’s property; Chessie says it has easements to use those tracks. Chessie alleges that Krinos constructed a sewer line and did drainage work, burying parts of its tracks and creating a slope directing runoff that damaged other parts. After Chessie notified Krinos, Krinos removed the dirt from one track and did additional damage. Chessie filed suit, alleging trespass, negligence, and violation of 49 U.S.C. 10903. Section 10903 requires rail carriers to receive permission from the Surface Transportation Board before abandoning parts of their lines. Krinos counterclaimed, alleging that Chessie did not have easements to use the spur and side tracks and seeking a declaratory judgment, quiet title, and ejectment. The district court agreed that section 10903 did not create a private right of action and granted Krinos summary judgment. Chessie did not show that it had easements over Krinos’s property, and an independent contractor, not Krinos, caused the alleged intrusion. The Seventh Circuit affirmed. Section 10903 does not create an implied right of action. Chessie was not entitled to change its negligence theory after discovery. View "Chessie Logistics Co., LLC v. Krinos Holdings, Inc." on Justia Law

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Plaintiff owned and lived on a 400-acre estate and horse farm in Barrington Hills, Illinois, leasing the horse farm, “Horizon Farms,” to their company, Royalty Farms, LLC, which managed the farm’s operations. Their mortgage was foreclosed in 2013. The Forest Preserve District of Cook County bought the property at the foreclosure sale. Royalty Farms was not a party to the foreclosure proceeding, but the court entered a Dispossession Order, directing Plaintiff to vacate the property. The Forest Preserve District apparently tolerated the continued presence of several horses while plaintiff continued visiting the property daily to care for them. After nine months Plaintiff was arrested and prosecuted for criminal trespass. She was acquitted because the judge could not conclusively determine that she had been told not to enter the property. A year later she filed suit, claiming false arrest and malicious prosecution. The Seventh Circuit affirmed the dismissal of the suit. Regardless of whether Plaintiff entered the property as an employee of Royalty Farms, there was probable cause to arrest Plaintiff for criminal trespass; she acknowledged receiving an emailed warning and defying it and she was aware of the court order. View "Squires-Cannon v. Forest Preserve District of Cook County" on Justia Law

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The Sisters own Blue Island buildings: a convent, a church, and a boarding school that closed long ago. The buildings were used as a public high school until 2009. Affordable wanted to use the buildings as a recovery home, providing lodging, meals, job training, religious outreach, and other services to adult men fighting drug or alcohol addiction. The Sisters agreed; the few remaining nuns would continue to occupy the convent and the Sisters would obtain rental income. Occupancy would prevent vandalism. With the mayor’s approval, Affordable moved 14 staff members into the buildings. The city required installation of a sprinkler system in the sleeping rooms. Affordable had already moved in 73 men without the required special‐use permit. Affordable filed suit. The court denied a preliminary injunction. The residents vacated. Four subsequently suffered fatal overdoses. Affordable obtained a recovery house license from the Illinois Department of Human Services, which does not require sprinklers in buildings fewer than four stories high. The court granted Affordable partial summary judgment on preemption grounds but rejected claims under the Illinois Religious Freedom Restoration Act that would have been entitled Affordable to damages and attorneys’ fees. The Seventh Circuit affirmed. Affordable did not argue that the sprinkler requirement would have substantially burdened its religious exercise even if it had complied. Affordable was not excluded from Blue Island or even required to install a sprinkler system. View "Affordable Recovery Housing v. City of Blue Island" on Justia Law