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Behavioral Inst. of Ind., Ltd. Liab. Co. v. Hobart Common Council, City of

ELR Citation: 35 ELR 20095
Nos. No. 04-2360, (7th Cir., 05/09/2005)

The Seventh Circuit held that a residential treatment facility's §1983 action against a city for denying the facility's request for a land use variance was time-barred by Indiana's two-year personal injury statute of limitations. The facility advanced an interrelated set of arguments drawing on the principles of ripeness, exhaustion of remedies, and equitable abstention, all involving an implicit claim that it could not have brought this action earlier, or alternatively, that the statute of limitations was tolled during the pendency of its state court litigation. But none of these arguments have merit.