Section Newsletters

Articles From John H. Brechin

State Officials and Employees Ethics Act-Applicability to municipalities By John H. Brechin Local Government Law, October 2004 In late 2003, the Illinois General Assembly passed two bills representing significant ethics reform legislation. Public Act 93-615 became affective November 19, 2003.
Freedom of information-The Southern Illinoisan v. The Department of Public Health, Fifth District Appellate Court, June 9, 2004 By John H. Brechin Local Government Law, June 2004 Plaintiff, a daily newspaper, sought certain Illinois Cancer Registry information from the Defendant. The circuit court ordered Defendants to release the information and awarded attorney fees to the Plaintiff.
Open Meetings Act-A convenient place lies somewhere between a broom closet and a football stadium By John H. Brechin Government Lawyers, June 2004 Gerwin involved an action by a citizen alleging that a meeting held by the defendant was in violation of the Open Meetings Act because it held a meeting at a location that was not convenient to the public.
Open Meetings Act-Right to participate By John H. Brechin Government Lawyers, June 2004 The City of Cocoa enacted regulations limiting the right of non-residents to speak during its city council meetings.
Contracts-Did one exist? By John H. Brechin Local Government Law, April 2004 Plaintiff D.S.A. purchases accounts receivable from other companies at a discount. In November 2000, a representative from D.P. Staffing approached D.S.A. noting that D.P. Staffing had provided services to Provident Hospital, and as a result Provident owed D.P. Staffing more than $300,000.
A county has an implied authority to require subdivision applicants to reimburse the county for fees paid to consultants By John H. Brechin Local Government Law, April 2004 In 1995 Plaintiff submitted a proposed subdivision to Kane County for review.
Open Meetings Act- A convenient place lies somewhere between a broom closet and football stadium By John H. Brechin Local Government Law, April 2004 Gerwin involved an action by a citizen alleging that a meeting held by the defendant was in violation of the Open Meetings Act because it held a meeting at a location that was not convenient to the public.
Open Meetings Act- Right to participate By John H. Brechin Local Government Law, April 2004 The City of Cocoa enacted regulations limiting the right of non-resident to speak during its city council meetings.
A request for refund of impact fees paid is not barred by the Tort Immunity Act By John H. Brechin Local Government Law, April 2004 Raintree filed an action against Long Grove, seeking a declaratory judgment as to the validity of the Village's ordinance requiring the payment of impact fees to obtain building permits. Its action also sought a refund of the fees paid by Raintree totaling more than $80,000.
Vested rights and tort immunity By John H. Brechin Local Government Law, April 2004 n 1981 the Village and O'Malley entered into an annexation agreement. In 1994 the parties extended the original annexation agreement to 2001 and O'Malley submitted a development concept plan to the Village
Beyond Klaeren—The even newer world of zoning By John H. Brechin Administrative Law, September 2003 The March 2003 edition of the Local Government Law newsletter included two articles on the recent decisions by the Supreme Court in Klaeren1 and the Second District Appellate Court in Gallik.2  
Eminent domain in Illinois: 2002 developments By John H. Brechin Local Government Law, December 2002 In this past year the Illinois courts have provided a significant number of important decisions concerning eminent domain.
Recent decisions of interest By John H. Brechin Local Government Law, May 2001 Shaw Industries v. Community College District No. 515 (First District, December 12, 2000) involved a claim by Shaw that the defendant's failure to require the procurement of a payment bond from its contractor, Prairie State Associates, breached its contract.
How much is that property worth? By John H. Brechin Local Government Law, August 2000 Department of Transportation v. Bolas, decided May 23, 2000, involved an eminent domain action by IDOT to acquire approximately one acre of a 58-acre farm for a roadway improvement.
Recent decisions of interest By John H. Brechin Local Government Law, June 2000 Three recent Seventh Circuit decisions have examined the issue whether the State of Illinois is immune from the provisions of the Americans with Disabilities Act (ADA).
Eminent domain—public use and private benefit By John H. Brechin Local Government Law, November 1999 An essential element of any valid eminent domain action is that the property be taken to benefit the public instead of private individuals.

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