Wednesday, December 22, 2004
Indiana Decisions - 7th Circuit issues two
Hubanks, Alphonso v. Frank, Matthew (ED Wis.)
Before BAUER, RIPPLE, and EVANS, Circuit Judges.IL Clean Energy Comm v. Filan, John B. (ND Ill.)
BAUER, Circuit Judge. Petitioner-Appellant Alphonso
Hubanks brought this habeas corpus claim under 28 U.S.C.
§ 2254, challenging his Wisconsin state conviction for four
counts of first-degree sexual assault, one count of armed
robbery, and one count of abduction. The district court
denied the petition and discovery. Hubanks appeals, and we
Before POSNER, KANNE, and WILLIAMS, Circuit Judges.
POSNER, Circuit Judge. This is a suit to enjoin the State
of Illinois from enforcing a demand that the plaintiff
foundation turn over $125 million of its assets to the state.
This is not a tax, but a taking. Brown v. Legal Foundation of
Washington, 538 U.S. 216, 233-35 (2003). The district court
granted summary judgment for the plaintiff, ruling that the
demand if enforced would be a taking of private property
for public use without just compensation, and therefore unconstitutional;
and the state appeals. * * *
We conclude that the State of Illinois would be violating
the Constitution if it confiscated any part of the foundation’s
assets. The judgment in favor of the foundation is therefore AFFIRMED.
Posted by Marcia Oddi on December 22, 2004 12:23 PM
Posted to Ind. (7th Cir.) Decisions