Seventh Circuit -- Patricia A. Muscarel v. Winnebago

While an adjacent wind farm might create a taking under Illinois law, the zoning regulation challenged only makes it easier for such things to be built - the plaintiff sustains no harm from the statute itself. 

Legislative concern, not judicial.

Substantive due process claim would apply to the decision to authorize the wind farm, not the change in the statute.


Patricia A. Muscarel v. Winnebago