P.S.E.B.A.—What is an emergency?By John H. BrechinLocal Government Law, September 2015In the recent case of Vaughn v. City of Carbondale, the Plaintiff sought a permanent injunction to prevent the Defendant City from terminating his employer-provided health insurance which he was receiving as a result of a disability from a duty related injury.
Ethics cornerBy John H. BrechinLocal Government Law, May 2014Two recent ISBA opinions address attorney misconduct and conflict of interest.
Freedom of informationBy John H. BrechinLocal Government Law, November 2013The United States Supreme Court, in a unanimous decision, held that the Virginia Freedom of Information statute, which is only available to citizens of their state, did not violate the privileges and immunities clause of the Constitution.
Can monetary exactions conditions of a permit constitute a taking?By John H. BrechinLocal Government Law, September 2013The U.S. Supreme Court in a 5-4 decision affirmed the validity of Nollan and Dolan and held that the principles of those cases do not change whether a permit is approved or denied.
Official misconduct—What constitutes a law?By John H. BrechinLocal Government Law, August 2011Defendant maintained that he was not guilty of official misconduct because the regulations he violated are not “laws” within the meaning of the Statute.
Passalino—Round two in the Supreme CourtBy John H. BrechinLocal Government Law, June 2010On April 22, 2010, the December judgment in Passalino v. City of Zion was modified while re-hearing concurrently was denied.
Zoning—Appropriate Standard of ReviewBy John H. BrechinLocal Government Law, June 2010In reviewing the case of Our Savior Evangelical Lutheran Church v. Saville, the Second District Appellate Court may have provided the last necessary answer to the question of the appropriate standard of review for a zoning decision.
Zoning—What notice is sufficient to satisfy due process?By John H. BrechinLocal Government Law, May 2010In a recent decision, the Illinois Supreme Court held that the notice provided by the City of Zion in this zoning case did not satisfy due process requirements pursuant to the Illinois Municipal Code.
Equal protection—Class of oneBy John H. BrechinLocal Government Law, December 2009The Seventh Circuit Court of Appeals recently announced its decision in Hanes v. Zurick on August 18, 2009.
In briefBy John H. BrechinLocal Government Law, December 2009On July 24, 2009, the Seventh Circuit Court of Appeals issued its decision in the case of Casna v. City of Loves Park.
Can oil and water mix—Impact fees and non-home rule municipalities?By John H. BrechinLocal Government Law, June 2009The recent April 15, 2009 decision of the 2nd District Appellate Court in Raintree Homes Inc. v. the Village of Long Grove illustrates the peril when non-home rule units attempt to “stretch” the limits of explicit statutory authority.
Eminent domain—SWIDA is still alive!By John H. BrechinLocal Government Law, December 2008In the lawsuit prior to City of Chicago v. Midland Smelting Company, the City attempted to acquire Midland’s property through its use of the power of eminent domain.
The Public Safety Employee Benefits Act – What is an emergency?By John H. BrechinLocal Government Law, December 2008On November 4, 2008, the Second District Appellate Court issued its unanimous opinion upholding benefits for a police officer under the Public Safety Employee Benefits Act.
Eminent domain—How do you value a leasehold interest?By John H. BrechinLocal Government Law, October 2008In 2002, IDOT filed an eminent domain action to acquire a portion of property owned by the Defendant, East Side Development.
Eminent domain—Who is an owner?By John H. BrechinLocal Government Law, October 2008The Anderson case involved the issue of who is properly considered an owner in an eminent domain proceeding and thereby entitled to the statutory rights attendant thereto.
A felony does not always mean a forfeiture of pension benefitsBy John H. BrechinLocal Government Law, September 2008Romano v. Municipal Employees’ Annuity and Benefit Fund of Chicago involved an appeal from the judgment of the Circuit Court of Cook County confirming a decision of the Board of Trustees of the Municipal Employees’ Annuity and Benefit Fund, which found that as a consequence of his conviction of a felony, Romano forfeited all benefits he may have had as a participant in the Municipal Employees’ Annuity and Benefit Fund of Chicago.
Forced annexation—Are roads included in the calculation of acreage?By John H. BrechinLocal Government Law, September 2008The sole issue of Bowers v. City of Rockford was whether the 60-acre statutory limitation in Section 7-1-13 of the Illinois Municipal Code includes interior highways.
Handbills, soliciting, and the First AmendmentBy John H. BrechinLocal Government Law, September 2008The lesson of Horina v. City of Granite City is that any regulations on solicitation or other First Amendment activities must be solidly based in fact and law.
Zoning vested rightsBy John H. BrechinLocal Government Law, September 2008The 1st District Appellate Court reviewed the principles of zoning vested rights in an expansive 26-page opinion of Cribbin v. City of Chicago.
The Illinois Public Labor Relations Act—Who is a Supervisor?By John H. BrechinLocal Government Law, August 2008The recent decision of City of Washington v. Illinois Labor Relations Board and Laborers International Union of North America, Local 231 examined this issue again in the context of determining who in the City of Washington’s Public Services Department were properly classified as supervisors.
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