Municipal Case SummariesBy James Ferolo, Phil Lenzini, Matt Dione, Brian Flynn, Chris Jump, Lisle Stalter, Todd Flemming, & Josh HermanLocal Government Law, October 2024Municipal case summaries of interest to local government law practitioners.
City Immune for Downzoning PropertyBy Michael SmoronLocal Government Law, March 2023In Strauss v. City of Chicago, the Illinois Supreme Court determined that an alderman maliciously threatening to downzone a property and the city’s actions to downzone the property fell under the umbrella of immunity under sections 2-109 and 2-201 of the Tort Immunity Act.
Illinois Second District Appellate Court Affirms Police and Fire Pension Consolidation LawBy Joe McMenaminLocal Government Law, March 2023In Arlington Heights Police Pension Fund et al v. Pritzker, the appellate court affirmed the constitutionality of Public Act 101-0610, which created the Firefighters’ Pension Investment Fund and the Police Officers’ Pension Investment Fund.
Recall Mechanism Must Be in Place Prior to Recall ReferendumBy Michael J. SmoronLocal Government Law, March 2023In Henyard v. Municipal Officers of the Village of Dolton, the appellate court considered an issue of first impression: whether Illinois voters may recall their local elected officials.
Case summariesBy James Ferolo, Sonni Choi Williams, Rita Elsner, John W. Foltz, Phillip B. Lenzini, Joshua Herman, & Matthew S. DionneLocal Government Law, January 2017Recently decided Illinois decisions, compiled by this section's Litigation Committee.
Recent PAC opinions and materialsBy Michael T. JurusikLocal Government Law, January 2017Recent cases and opinions of interest to practitioners.
The (un)democratic nature of supermajority votingBy Erin M. BakerLocal Government Law, May 2015Supermajority voting has been used since the founding of the United States. However, does the requirement of more than a simple majority directly conflict with the democratic principles our nation was founded on? History and case law seem to permit at least procedural supermajority requirements, so long as the imposition of a supermajority vote can be revoked by a simple majority.
Township road or private driveway?By Robert F. RussellLocal Government Law, December 2014The question of whether a township has the responsibility to maintain a road was recently raised in Chamness v. Mays.
Ethics cornerBy John H. BrechinLocal Government Law, May 2014Two recent ISBA opinions address attorney misconduct and conflict of interest.
New releases from the appellate court on local governmental tort immunity: “Abruzzo Returns” and “The Sidewalks of the College of DuPage”By Richard L. TurnerCivil Practice and Procedure, February 2014Recently, the appellate court had occasion to again consider local governmental immunity in the context of the Emergency Medical Services Systems Act, and the Local Governmental and Governmental Employee’s Tort Immunity Act, with respect to the liability of an emergency medical technician in an emergency response, and the liability of a college for its process in responding to a sidewalk deviation under the Tort Immunity Act.
Following up…By John H. BrechinLocal Government Law, July 2007In our May newsletter, I reported on the United States Supreme Court decision in Garcetti v. Ceballos, as well as subsequent cases decided in the (Fifth, Sixth, Seventh and Tenth) Circuit Courts of Appeals.
Inverse condemnation in the Illinois courtsBy John H. BrechinLocal Government Law, June 2007Inverse condemnation refers to a claim by a property owner that government through its regulations has substantially reduced the value of the owner’s property.
Candygram: Serving complaints and subpoenas on local governmentsBy Iain D. JohnstonLocal Government Law, March 2007Local governments are often served with various legal documents relating to litigation. The three most common types of these documents are (1) summons/complaint, (2) subpoenas, and (3) complaints for administrative review.
Attorney general issues opinions affecting units of local governmentBy Lynn PattonLocal Government Law, November 2002Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2000)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties.
Audit law amendedBy Phillip B. LenziniLocal Government Law, November 2002On June 26, 2002, Governor Ryan signed into law Public Act 92-0582 (previously H.B. 6034) altering the audit requirements for local governmental units.
Attorney General issues opinions affecting units of local governmentBy Lynn PattonLocal Government Law, March 2002Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2000)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties.
“NEW BUSINESS” takes on a new meaningBy Robin L. PerryLocal Government Law, March 2002A recent opinion by the Fourth District Appellate Court has created quit a stir among local government attorneys.
2001 key municipal issuesLocal Government Law, February 2002The Illinois Municipal League has prepared a summary of the pertinent bills in categorical order that impact units of local government.
Local government Web sites and the First AmendmentBy David J. FishLocal Government Law, November 2001Many local governmental bodies now have excellent Web sites that are the equivalent of a virtual village hall. Residents can download permit applications, obtain information about public officials, and even access local ordinances.
Application of Prevailing Wage Act to grant recipients of Illinois First moniesBy David J. Gerber & Danielle LaChance-YatesLocal Government Law, July 2001The Prevailing Wage Act applies to construction projects undertaken by non-governmental entities which receive public funds for furnishing services to the public or which receive grants from governmental agencies.
