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Chesler v. Conroy

October 8, 2008

LAWRENCE CHESLER AND JACQUELINE CHESLER, PLAINTIFFS,
v.
RICHARD M. CONROY, ANA CONROY, FRANCIS C. ANSEL, III AND 1327 DEARBORN CONDOMINIUM ASSOCIATION, INC., DEFENDANTS.



The opinion of the court was delivered by: Virginia M. Kendall, United States District Judge Northern District of Illinois

Judge Virginia M. Kendall

MEMORANDUM OPINION AND ORDER

Plaintiffs Lawrence Chesler and Jacqueline Chesler (collectively, "the Cheslers") filed suit against their neighbors, Defendants Richard Conroy, Ana Conroy (collectively, "the Conroys"), Francis C. Ansel, III ("Ansel"), and their condominium association, 1327 Dearborn Condominium Association, Inc. (the "Association") (collectively, "Defendants"). Counts I and II of Complaint alleged violations of the Fair Housing Act ("FHA"), 42 U.S.C. § 3601 et seq., while the remaining counts alleged violations of various Illinois state laws. Pursuant to Fed. R. Civ. P. 12(b)(6), Defendants moved to dismiss Counts I and II of the Complaint. For the reasons stated, Defendants' motion to dismiss Counts I and II of the Complaint is granted. Moreover, pursuant to 28 U.S.C. § 1367(c)(3), this Court declines to exercise supplemental jurisdiction over the Cheslers' state law claims.

STATEMENT OF FACTS

This lawsuit arose from various heated personal disputes between neighbors living within the same three-unit building. The three-story 1327 Dearborn building includes three condominium units: the Cheslers live in the unit on the top floor, Ansel lives on the second floor, and the Conroys live on the first floor. The Association consists solely of the residents of the building. In January 2006, following a contentious election between the three neighbors, Richard Conroy became president of the Association and Ansel became Treasurer of the Association. The Cheslers, feeling exiled from the operations of the Association, objected to various Association expenditures for the small common areas of the building. After the Cheslers objected to the Association's expenditures, they allege that the Conroys became openly hostile towards them.

In May 2006, Lawrence Chesler underwent a spinal surgery. During his recovery period, Jaqueline Chesler informed the Conroys of her husband's surgery and asked that they maintain a clean and dry environment in the building's common areas (essentially the front walk and front hallway) so that her husband could safely maneuver throughout the building. The Cheslers allege that the Conroys responded by:

* Hosing down the front steps twice daily;

* Removing a rug that the Cheslers placed over the wet steps;

* Threatening to turn off the electricity to the entire building;

* Hiding and throwing away the Cheslers' mail;

* Hiding and removing salt containers use to melt ice on Association walkways;

* Directing the snow removal service to shovel snow into the Chesler's parking spot;

* Harassing the Cheslers' guests;

* Directing the Association's cleaning and maintenance staff to not reply to maintenance ...


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