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Civil Procedure Keyed to Glannon
River Park, Inc. v. City of Highland Park (I)
Citation:703 N.E.2d 883 (Ill. 1998)
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River Park, Inc. filed an action in federal district court against the City of Highland Park, alleging that the City intentionally undermined approval of River Park’s property development plans. The federal court complaint alleged that the City violated 42 U.S.C. 1983 by depriving River Park, Inc. of its property rights without due process of law. The Court of Appeals affirmed the the district court’s dismissal of the complaint for failure to allege a violation of due process. River Park then filed a state court complaint against the City which alleged, among other things, tortious interference with business expectancy, breach of implied contract, and abuse of governmental power. The state court dismissed the action, holding that River Park’s claims were barred under the doctrine of res judicata based on the dismissal of the federal court complaint. The state appellate court reversed, holding that res judicata did not bar the state court action because the causes of action alleged in the complaints were different.
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