Cohen v. City Of Des Plaine

8 F.3d 484 (7th Cir. 1993)

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Nature of the Case

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Facts

Cohen (P) owns property in Des Plaines (D). On that property stood a building which was formerly used as a church. P had a daycare center and sought to use the former church property as a daycare center as well. P filed a special application permit, and her request was denied. P then sued claiming that the ordinance violated the Establishment Clause and the Fourteenth Amendment Equal Protection Clause. Both sides moved for summary judgment; P won because she listed seven-day care facilities that operated in religiously affiliated buildings in areas zoned for residential use; four of which were operated in R-2 zoning the same as P's land. None of them, by virtue of their affiliation with a church, had to obtain a special use permit. The court concluded that the sole effect of this ordinance was to lift from religious organizations, without any rational justification, a regulatory burden that was uniformly applicable to daycare operators and thus violated the Establishment Clause. The court awarded damages to P of $824,793.15, and this appeal resulted.