Village of Willowbrook v. Olech, 528 U.S. 562, 2 (2000) (per curiam)

Page:   Index   Previous  1  2  3  4  5  Next

Cite as: 528 U. S. 562 (2000)

Per Curiam

Irving L. Gornstein argued the cause for the United States as amicus curiae. With him on the brief were Solicitor General Waxman, Acting Assistant Attorney General Ogden, Deputy Solicitor General Underwood, and Mark B. Stern.

John R. Wimmer argued the cause and filed a brief for respondent.*

Per Curiam.

Respondent Grace Olech and her late husband Thaddeus asked petitioner Village of Willowbrook (Village) to connect their property to the municipal water supply. The Village at first conditioned the connection on the Olechs granting the Village a 33-foot easement. The Olechs objected, claiming that the Village only required a 15-foot easement from other property owners seeking access to the water supply. After a 3-month delay, the Village relented and agreed to provide water service with only a 15-foot easement.

Olech sued the Village, claiming that the Village's demand of an additional 18-foot easement violated the Equal Protection Clause of the Fourteenth Amendment. Olech asserted that the 33-foot easement demand was "irrational and wholly arbitrary"; that the Village's demand was actually motivated by ill will resulting from the Olechs' previous filing of an unrelated, successful lawsuit against the Village; and that the Village acted either with the intent to deprive Olech of her rights or in reckless disregard of her rights. App. 10, 12.

The District Court dismissed the lawsuit pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a cognizable claim under the Equal Protection Clause. Relying on Circuit precedent, the Court of Appeals for the Sev*Richard Ruda, James I. Crowley, and Donald B. Ayer filed a brief for the International City/County Management Association et al. as amici curiae urging reversal.

Harvey Grossman, Steven R. Shapiro, and Richard J. O'Brien filed a brief for the ACLU as amicus curiae urging affirmance.

563

Page:   Index   Previous  1  2  3  4  5  Next

Last modified: October 4, 2007