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Commentary

Ill Will and Class of One

Equal Protection Claims after the Olech Decision

 

Abstract

Assuming that it does not discriminate based on race or another protected status, may a local government apply its laws differently to one person than to another without exposing itself to a constitutional claim and damages? Does it matter whether the reason for the different treatment is that the government decision maker simply does not like the disfavored person? The answers to these questions may be found in the U.S. Supreme Court's 2000 decision in the case involving septuagenarian Grace Olech, her broken well, and the Chicago suburb of Willowbrook.

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