Cohen v. City Of Des Plaines

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

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

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.