Behavioral Institute of Indiana, LLC v. Hobart City of Common Council
By In the United States Court of Appeals for the Seventh Circuit
- Release Date: 2005-05-09
- Genre: Law
Description
In this appeal we review the district courts dismissal of the plaintiffs complaint as time-barred by the statute of limitations. The case stems from a land use dispute in the City of Hobart, Indiana, over a proposed residential treatment facility for emotionally disturbed children. The plaintiffs application for a zoning variance for the proposed facility was denied, a decision that was later overturned by the Indiana Court of Appeals on various state and federal constitutional grounds. In the meantime, however, the plaintiffs sold the property. They then filed suit in Indiana state court alleging causes of action under 42 U.S.C. § 1983 for violation of their federal due process and equal protection rights, as well as violations of the Indiana Constitution. The case was removed to the United States District Court for the Northern District of Indiana, which dismissed the § 1983 claims pursuant to Indianas two-year personal injury statute of limitations. We affirm.
