Impact fees and non-home rule municipalities: Oil and water can mix
By Richard G. Flood & Ruth A. Schlossberg
Local Government Law,
June 2009
Despite the publicity it has received and the concerns it has generated, Raintree Homes, Inc. v. the Village of Long Grove is not new law. Impact fee ordinances which are properly drafted and which employ reasonable assumptions are enforceable.
E-Mail Retention Policies and the Local Records Act
By Richard G. Flood & Jenette M. Schwemler
Administrative Law,
July 2007
While many have leapt to the conclusion that the Local Records Act requires preservation of anything and everything dealing with public business that happens to enter or leave a municipally owned computer, reading the statute three times, as Supreme Court Justice John Roberts suggests, reveals a quite different intent.
E-mail retention policies and The Local Retention Act
By Richard G. Flood & Jenette M. Schwemler
Local Government Law,
March 2007
Recent interpretations of the Local Records Act, broadly construing the meaning of “public records” for purposes of formalizing retention policies, beg for the imposition of Supreme Court Justice John Roberts’ three rules of statutory construction: “Read the Statute, Read the Statute, Read the Statute.”
Opening the Meetings Act to reality—abolishing the “Rule of Two”
By Richard G. Flood & Stewart H. Diamond
Administrative Law,
October 2001
Currently the Act prohibits the exercise of free speech between elected officials on public bodies containing five or fewer members. This stifles creativity in solving public problems and inhibits debate and frank discussion of the issues. Officials cannot test their assumptions and data in advance of a public forum.
Some laws of 100 years ago mirror today’s laws
By Richard G. Flood
Local Government Law,
October 2000
At the onset of the new millennium it is interesting to reflect on the changes in local government law during the last millennium.
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