Don’t Fool With Old Ladies

The Frozen Hose Case Mother and Daughter Olech’s Upon Learning of Their Victory Over the Village

The Preliminaries The Village installs a drainage culvert near the Olech’s that causes flooding on the property The Olech’s sue the Village for flood damage In the meantime, the Village undertakes a project to bring municipal water to the area so the residents can disconnect from water wells Grace pays $9,300 – her share of the project

Now Comes the Village A month later the Villages asks for a 33’ easement in addition to the payment The Village hoped to install a road and other public utilities The easement is more than twice the customary 15’ asked from everyone else in the Village Grace tells the Village to Take a Walk

The Plot Thickens The Olech’s well fails They run a “garden hose” across the street to the neighbor to pump water The Village relents and accepts the 15’ easement and begins the project in November of 1995 The hose freezes They are without water until the project is finished – March 1996

The Attorney’s Earn Their Fee Grace files suit in U.S. District Court in April 1998 “Willowbrook picked on her out of sheer vindictiveness to grant a 33’ easement when it only required 15’ from other residents. They retaliated because they were mad at me for suing them” The District Court dismissed the case – lack of proof of harassment by Village

The Appeals Court Rules Court of Appeals reversed finding of “Ill will” on the part of the Village “If the power of the government is brought to bear on a harmless individual …. The individual ought to have a remedy in federal court”

Harmless Individual? Somehow I get the feeling that Mrs. Olech is anything but harmless

Now the Supreme Court The Supreme Court grants review and although they did not reach the same ill will conclusion they did find for the “Widow Olech” “The purpose of the equal protection clause is to secure every person within the State’s jurisdiction against intentional and arbitrary discrimination”

The Conclusion A person – a class of one – can sue for equal protection claims even if they are not a member of a protected classification The Village Leadership fells somewhat like an

And, Mrs Olech Slays the Government Dragon