Illinois Municipal Code and implied preemptionOctober 2010Illinois Law Update, Page 508On July 27, 2010, the Appellate Court of Illinois, First District, reversed a decision of the Circuit Court of Cook County, finding that a local ordinance defining an abandoned gasoline station as a nuisance was not preempted by section 11-31-1 of the Illinois Municipal Code (65 ILCS 5/11-31-1).
Illinois Zoning Law Six Years after KlaerenBy George L. SchoenbeckFebruary 2009Article, Page 84Legislation and subsequent cases have resolved some ambiguities in the landmark Klaeren decision while giving rise to others.
Counties Code amended. PA 095-0805December 2008Illinois Law Update, Page 612The Counties Code has been amended by adding section 42000 dealing with county ownership of a wind farm. 55 ILCS 5/42000. This new section provides that a county may "own and operate a wind generation turbine farm [wind farm]."
The Open Meetings Act v. client confidentialityBy Helen W. GunnarssonOctober 2008Lawpulse, Page 498A trial court's search for truth and the public's right to know may conflict with what local governments believe to be their right to confidential communications with counsel.
No discretionary immunity for retaliatory discharge of employeeJune 2008Illinois Law Update, Page 284On April 17, 2008, the Illinois Supreme Court reversed the circuit court's holding barring the plaintiff's retaliatory discharge claim against the Waukegan Park District due to the District's immunity under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), 745 ILCS 10/1-101 et seq.
Local public entity immune from retaliatory discharge claimAugust 2007Illinois Law Update, Page 404On June 6, 2007, the Illinois Appellate Court, Second District, affirmed the order of the Circuit Court of Lake County dismissing Gregory Smith's retaliatory discharge complaint against the Waukegan Park District.