Argument of Speaker
Mr. Speaker: I have the opinion of the Court to announce in No. 98-1288 the Village of Willowbrook v. Grace Olech.
In this case Olech sued the petitioner, the Village of Willowbrook alleging that the Village violated the Equal Protection Clause of the Fourteenth Amendment by demanding a 33-foot easement from her before connecting her property to the municipal water supply instead of the 15-foot easement required from other property owners.
The District Court dismissed the suit for failing to state an Equal Protection Claim.
The Court of Appeals for the Seventh Circuit reversed.
In a per curiam opinion filed with the Clerk today we affirm.
Our cases have recognized that a plaintiff raises valid Equal Protection Claim, when she alleges that she has been intentionally treated differently from others in the similar situation, and there is no rational basis for the difference in treatment.
Olech’s complaint alleged that the Village intentionally demanded an excessive easement from her and that the Village’s demand was irrational and wholly arbitrary.
This is sufficient to state a claim for relief under the Equal Protection Clause.
Justice Breyer has filed an opinion concurring in the judgment.
