Local Government Law

The newsletter of the ISBA’s Section on Local Government Law

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2009 Articles

Annual Town Meeting April 2009 March 2009 Effective 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.
Can oil and water mix—Impact fees and non-home rule municipalities? By John H. Brechin June 2009 The 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.
Case note: Federal court upholds municipal housing code enforcement procedures By Paul N. Keller December 2009 Most 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.
Congratulations! You’ve been elected: Now what do you do? A practical guide to local government By Richard G. Flood & Ruth A. Schlossberg April 2009 You have been elected and will assume office soon. What do you do until then?
Does the Illinois Open Meetings Act violate the First Amendment? By Peter Friedman & Stewart Weiss December 2009 A federal appellate court has recently held that the enforcement of one of the cornerstone provisions of the Illinois Open Meetings Act (“Illinois OMA”)—that a majority of the quorum is the trigger for a meeting under the Act—is subject to a legal standard that may make it very difficult for this and similar provisions in other states to withstand constitutional scrutiny.
Equal protection—Class of one By John H. Brechin December 2009 The Seventh Circuit Court of Appeals recently announced its decision in Hanes v. Zurick on August 18, 2009. 
The evolution of business districts By Kathleen Field Orr June 2009 Local 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.
Good news for adult use zoning restrictions By Peter Friedman March 2009 The 7th Circuit significantly advanced an already growing line of judicial authority and common sense that rejects the notion that each and every government zoning authority must provide space within its borders for adult uses.
A guide to consular notification for local governments By Mark C. Palmer February 2009 Is an international law treaty from 1963 important to local governments in Illinois?
Impact fees and non-home rule municipalities: Oil and water can mix By Richard G. Flood & Ruth A. Schlossberg 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.
In brief By John H. Brechin December 2009 On July 24, 2009, the Seventh Circuit Court of Appeals issued its decision in the case of Casna v. City of Loves Park.
Karabetsos v. Village of Lombard: The Illinois Appellate Court, Second Judicial District clarifies the requirements for pleading a cause of action for a violation of 14th Amendment substantive due process By James W. Fessler February 2009 In Karabetsos v. the Village of Lombard, the plaintiff filed suit against the Village of Lombard and several of its officials and employees alleging certain torts and various deprivations of her civil rights.
Municipal financing strategies By Kurt P. Froehlich August 2009 An outline of the commonly encountered mechanisms for issuing multi-year debt obligations to finance municipal projects and certain short term money needs. 
Supreme Court broadens law enforcement investigatory powers By Michael D. Bersani March 2009 In an historical decision rendered on January 26, 2009, the United States Supreme Court in Arizona v. Johnson, unanimously upheld the authority of the police to “stop and frisk” a passenger detained pursuant to a valid traffic stop, when the officer reasonably suspects that the person is armed and dangerous but does not suspect criminal activity.
Transparency and the Open Meetings Act By Maryann Bullion April 2009 Despite the fact that the Supreme Court recognized the need for transparent government in 1860, this policy was not codified as the Open Meetings Act until 1957, and the Freedom of Information Act was not enacted by the legislature until 1984.
Zoning—Disapproval of development—When is it ripe for judicial review? By John H. Brechin December 2009 LaSalle Bank National Association v. City of Oakbrook Terrace involved a zoning dispute between the parties.