Local Government Law

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

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2015 Articles

Can dedicated property subject to a mortgage in default be subject to a foreclosure action? By John H. Brechin September 2015 Plaintiff Republic Bank of Chicago filed two separate complaints against multiple defendants to foreclose on roads and outlots contained in two failed subdivisions located in the Village of Manhattan.
Case summaries By Sonni Choi Williams, Matthew S. Dionne, Rita Elsner, Joshua Herman, & Phillip B. Lenzini November 2015 Recent cases of interest to local government law practitioners.
Case summaries By Sonni Choi Williams, Michael D. Bersani, Phillip B. Lenzini, Matthew S. Dionne, Rita Elsner, & Joshua Herman March 2015 Recent cases of interest to local government law practitioners.
Conditions on special use permits: Will they be upheld if challenged? By Lisle A. Stalter December 2015 Special uses (also commonly referred to as “conditional uses”) are a great zoning tool for local governments to allow for uses that are infrequent and have unique impacts and yet are desirable.
Dahlstrom v. Sun-Times Media: To redact or not to redact police reports By Jennifer Gibson March 2015 This recent case could change the way municipalities fill their FOIA requests.
Does your public client need to change its procedure on settling cases? A case study of Meade v. City of Rockford By John M. Redlingshafer May 2015 Prior to trial, the parties in this case reached a settlement at a pretrial conference. Plaintiff signed a settlement agreement drafted by the City, but when it was presented to the City Council, it voted to reject the agreement.
1 comment (Most recent May 7, 2015)
Excessive force and qualified immunity after Plumhoff By Matthew S. Dionne March 2015 This article summarizes the Plumhoff v. Rickard opinion, explores Plumhoff’s implications, and offers possible suggestions to attorneys and law enforcement in applying that decision.
Intergovernmental cooperation and conflict: A fresh look By Donna J. Pugh & Melissa D. Conroy June 2015 A survey of cases that address homerule units and their interaction with local zoning ordinances.
A look at Meade v. City of Rockford: settling agreements with a municipality By Lisle A. Stalter June 2015 The court’s discussion is enlightening to the settlement process for local governments.
Potential impact of hospital tax exempt status on local government entities By Laine Sutkay December 2015 Some local government practitioners may not be aware that hospital tax exempt status is in question throughout the state, raising the issue of whether hospitals owe taxes to anyone, including the portion that benefits local government entities.
Private communications and FOIA: Policy questions in search of answers By Ruth A. Schlossberg November 2015 Are all e-mails-- of anyone associated with a public body that relate in any way to public business-- subject to FOIA regardless of the device or e-mail address from which they were sent?
P.S.E.B.A.—What is an emergency? By John H. Brechin September 2015 In the recent case of Vaughn v. City of Carbondale, the Plaintiff sought a permanent injunction to prevent the Defendant City from terminating his employer-provided health insurance which he was receiving as a result of a disability from a duty related injury.
The (un)democratic nature of supermajority voting By Erin M. Baker May 2015 Supermajority 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.
Who has standing to bring a lawsuit when a public body’s computers are stolen? By John M. Redlingshafer November 2015 The Maglio v. Advocate Health and Hospitals Corporation case is instructive to those who travel with laptops, tablets, or other devices that can be left behind, stolen, or otherwise misplaced.