Jump to Navigation
Jump to Content

Martinez v. Chicago, City of

ELR Citation: 51 ELR 20066
Nos. 20-cv-6252, (N.D. Ill., 04/14/2021) (Rowland, J.)

A district court denied plaintiffs' motion to preliminarily enjoin the city of Chicago from issuing any permits or approvals in connection with the relocation of a recycling facility from the north side to the southeast side of the city. Plaintiffs argued the city's relocation of the facility was discriminatory and in violation of their rights under Title VI of the Civil Rights Act, federal and state Equal Protection Clauses, and state nuisance law. The court found that plaintiffs failed to show a discriminatory purpose behind the relocation of the facility such that they were unlikely to succeed on their equal protection claims, and thus that they had also failed to show a likelihood of success on their Title VI claim. It further found that plaintiffs' contention that the potential nuisance was "reasonably likely to occur" failed to meet the "highly probable" standard needed to demonstrate a likelihood of success on their nuisance claims. It therefore denied plaintiffs' motion for preliminary injunction.