The U.S. Supreme Court case City of Chicago, et al. v. International College of Surgeons et al., 1997 revolved around the issue of whether federal courts have jurisdiction over state and local land-use disputes when a federal claim is involved in the dispute. The International College of Surgeons (ICS) owned two historic buildings that were designated as landmarks by the city of Chicago but wanted to demolish them for redevelopment purposes which was denied by the city's Landmarks Commission and Zoning Board due to preservation laws. ICS sued in Federal District Court alleging violation under both Illinois law and United States Constitution’s Fifth Amendment Takings Clause. The court ruled 6-3 in favor of City Of Chicago stating that there was no legal barrier preventing federal courts from hearing cases involving mixed questions on state and federal issues related to land use decisions, provided they meet certain criteria such as having substantial grounds or being colorable claims under constitutional law.

In the dissenting opinion for City of Chicago, et al. v. International College of Surgeons et al., Justice John Paul Stevens argued that federal courts should not have jurisdiction over local land-use disputes unless a substantial federal issue is involved. He contended that the majority's decision to allow plaintiffs to bring state law claims in federal court simply because they are joined with a federal claim undermines principles of comity and respect for states' rights and responsibilities. Furthermore, he expressed concern about burdening already overloaded federal courts with cases traditionally handled by state courts. Justice Stevens also disagreed with the majority's interpretation of Section 1441(a), arguing it was intended to protect defendants from potential bias in state court rather than provide plaintiffs an additional forum choice.