Case note: Federal court upholds municipal housing code enforcement proceduresBy Paul N. KellerLocal Government Law, December 2009Most municipalities are concerned about building and zoning code violations in existing buildings, and take steps to prevent and eliminate illegal and unsafe conditions. Mandatory inspection programs are becoming increasingly common, but their legality has been open to question.
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.
Municipal financing strategiesBy Kurt P. FroehlichLocal Government Law, August 2009An outline of the commonly encountered mechanisms for issuing multi-year debt obligations to finance municipal projects and certain short term money needs.
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.
The evolution of business districtsBy Kathleen Field OrrLocal Government Law, June 2009Local governments bear so much of the burden of the economic decline, its powers to participate in the efforts to restore economic viability should be strengthened.
Impact fees and non-home rule municipalities: Oil and water can mixBy Richard G. Flood & Ruth A. SchlossbergLocal Government Law, June 2009Despite 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.
Annual Town Meeting April 2009Local Government Law, March 2009Effective July 28, 2008, Public Act 95-761 amended Article 30, Annual Township Meetings, and provided new direction with regard to the notice and agenda provisions relating to annual and special township meetings.
Indemnification agreements enforceable for municipality’s own negligenceBy Maureen E. RiggsLocal Government Law, May 2008On February 29, 2008, in the case of Nicor Gas Co. v. Village of Wilmette, 2008 WL 564138, the First District Appellate Court upheld the validity of indemnification agreements that indemnify a municipality for its own negligence if such agreements are clear and explicit.
Court confusion regarding challenges to municipal land use decisionsBy Mark A. AustillAdministrative Law, January 2008On September 24, 2007, the First District Appellate Court rendered its opinion in Chicago Title Land Trust Co. v. Board of Trustees of Village of Barrington, 2007 WL 2769250 (App. Ct., 1st Dist. 2007).
Local immigration ordinances are likely unconstitutionalBy Anthony E. RothertInternational and Immigration Law, November 2007Several municipalities across the country have recently adopted laws that attempt to regulate immigration.
Incompatibility of officesBy John H. BrechinLocal Government Law, March 2007The recent Second District Appellate Court decision in People ex. rel. Barsanti v. Scarpelli addresses the issue of whether the offices of Village Trustee and Township Park District Commissioner are incompatible.
Local governmental entities not entitled to absolute immunity when a hazardous recreational activity is involvedBy Joy A. RobertsLocal Government Law, October 2006On July 5, 2006 the Illinois Supreme Court issued a unanimous decision that when a hazardous recreational activity is involved, local governmental entities and their employees are held to a higher standard of care; therefore, pursuant to section 3-109 of the Tort Immunity Act, they are immune from liability for negligence, but subject to the exceptions found in section 3-109(c) of the Act. Murray v. Chicago Youth Center, et al., 2006 WL 1822656 (Ill. 2006).
Feret v. Schillerstrom: Second DistrictBy Phillip B. LenziniLocal Government Law, June 2006It appears that if an ordinance, resolution or motion is adopted by a governmental body that was not previously listed on the agenda, the corrective step should include an express repeal of the earlier action and a new adoption of the matter properly agendized.
Should Illinois municipalities be in the business of constructing Wi-Fi wireless broadband networks?By Jeffrey C. TorresLocal Government Law, December 2005Since the Federal Communications Commission issued its first report on broadband, defining it without regard to any transmission media as “broadband telecommunications capability that enables users to originate and receive high-quality voice, data, graphics and video telecommunications using any technology,” hardly a day goes by without hearing the call for the speedy development of municipal broadband networks to bridge the “Digital Divide,” a so-called divide that prevents all Americans from accessing broadband services.
Romine v. Village of Irving, 5-01-0798, January 15, 2003By Alfred M. Swanson, Jr.Local Government Law, February 2003After John and Dixie Osborne dropped their sons at a reunion in Irving, they drove to a tavern where each consumed about 12 bottles of beer.
