In the United States District Court for the Northern District of Illinois, Eastern Division, a lawsuit has been filed by Trich Enterprises, LLC and E. Hope Lootens against the City of Batavia and several individuals associated with it. The case ID is 1:24-cv-03204 and was filed on April 22, 2024.
The plaintiffs, represented by Spearman Law, LLC, allege that the defendants engaged in discriminatory actions that prevented them from selling their property to a buyer. This involved key city officials including Scott Buening (Community and Economic Development Director), Drew Rackow (Planning and Zoning Officer), Zack Ewolott (in an official capacity), and Andrea Podraza (Assistant Engineer).
The complaint includes charges of racially discriminatory violation of the plaintiffs' rights to make contracts and purchase, sell, hold, and convey real estate. It also alleges denial of substantive due process based on race or color and retaliation against the plaintiff. Furthermore, it questions the validity of a certain zoning ordinance enacted by the City of Batavia.
The plaintiffs are seeking damages and declaratory relief for these alleged violations. They have invoked various sections of U.S law including 42 U.S.C. §1983 for violation of civil rights, 42 U.S.C. §1982 for racial discrimination in property rights, 42 U.S.C. §3604(a) & §3604(c) for housing discrimination, as well as constitutional protections under the Fourteenth Amendment.