City of Chicago v. International College of Surgeons

The city of Chicago (defendant) had an ordinance that designated historical landmarks for protection (the ordinance). The ordinance was administered by the Commission on Chicago Historical and Architectural Landmarks (the commission). Under state law, judicial review of the commission was to take place in state court. The International College of Surgeons (the college) (plaintiff) owned two properties in Chicago. In 1989 the commission determined that the two properties were historical landmarks. In 1990 the college applied for a permit from the commission to demolish the properties. The commission denied the application, finding that the demolition would destroy historically and architecturally important landmarks. The college reapplied for a permit, citing economic hardship. The commission once again denied the application. After both denials, the college filed for judicial review in state court. In addition to the administrative appeals, the complaints raised a number of federal constitutional challenges to the ordinance. Chicago removed the cases to federal district court on the basis of federal-question jurisdiction. The district court granted summary judgment for Chicago and upheld the ordinance. The United States Court of Appeals for the Seventh Circuit reversed the district court, holding that the district court did not have jurisdiction to hear the case because the state actions required administrative review. Chicago appealed.