Publications

Illinois Bar Journal
Articles on Municipal Law

Illinois Supreme Court strikes down regulations on the situs for local sales taxes February 2014 Illinois Law Update, Page 68 On November 21, 2013, the Illinois Supreme Court held that certain Illinois Department of Revenue ("DOR") regulations setting situs for tax liability under retail occupation taxes ("ROTs") where purchase orders are accepted were invalid.
Municipal regulation of wind energy systems February 2014 Illinois Law Update, Page 68 The Illinois Municipal Code has been amended to allow municipalities to enact new prohibitions on certain wind energy systems.
Aldermen’s texts, tweets during council meetings are ‘public records’ By Adam W. Lasker December 2013 Lawpulse, Page 606 Put your phone down as soon as the meeting starts, a lawyer for local officials counsels his clients in the wake of City of Champaign v. Lisa Madigan.
Affordable Housing Planning and Appeal Act regulations specify appeals process for developers July 2013 Illinois Law Update, Page 336 Newly enacted regulatory provisions, effective March 29, 2013, authorize the Illinois Housing Development Authority to adopt rules implementing the responsibilities of the State Housing Appeals Board (the "Board") under the Affordable Housing Planning and Appeal Act, 310 ILCS 67/60.
Home rule rules, says the Illinois Supreme Court By Adam W. Lasker June 2013 Lawpulse, Page 278 Ordinances enacted by home rule municipalities trump state statutes unless the state expressly exercises exclusive control, the supreme court rules in a condo case.
Municipalities may use automated speed enforcement systems in safety zones. PA 097-0672 April 2012 Illinois Law Update, Page 184 Illinois lawmakers have amended the Vehicle Code to authorize municipalities with at least one million residents to install and operate automated speed enforcement systems in safety zones.
Corporate authorities of townships may provide for disposal of brush and leaves. PA 097-0417 January 2012 Illinois Law Update, Page 16 The Township Code has been amended to authorize corporate authorities of a township to provide funds, by ordinance, for the collection, transportation, and disposal of brush and leaves within the unincorporated parts of the township. 60 ILCS 1/210-7 new.
New rules for prosecuting local ordinance violations By Helen W. Gunnarsson January 2012 Lawpulse, Page 10 The new supreme court rules bring consistency to ordinance violation proceedings around the state, a proponent says.
No referendum required for annexation under section 7-1-8 of the municipal Code May 2008 Illinois Law Update, Page 236 On February 26, 2008, the Illinois Appellate Court, Second District, affirmed the order of the Circuit Court of Kendall County denying the plaintiff's complaint for a mandamus order.
Court authorizes cities to ban alcohol sales in strip clubs By Helen W. Gunnarsson November 2006 Lawpulse, Page 578 The Illinois Supreme Court upholds a Chicago ordinance banning the sale of alcoholic beverages at "gentleman's clubs."
Strict compliance required under Transit Act October 2006 Illinois Law Update, Page 526 On July 25, 2006, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, dismissing the plaintiff's complaint for failure to comply with the statutory notice requirements of section 41 of the Metropolitan Transit Authority Act (Transit Act). 70 ILCS 3605/41.
Municipal Sign Ordinances: Three Common Constitutional Flaws and Their Solutions By Kara N. Lundy September 2006 Article, Page 490 Here's how counsel for municipalities can cure three common sign-ordinance infirmities.
Bill would amend Open Meetings Act to address attendance by “electronic means” By Helen W. Gunnarsson August 2006 Lawpulse, Page 398 Proposed legislation would allow public officials to attend meetings electronically under specified circumstances. 
Police and firefighters’ duties must be kept separate -PA 094-720 March 2006 Illinois Law Update, Page 118 The Illinois Municipal Code was amended by adding section 10-3-3.1, 65 ILCS 5/10-3-3.1, in order to make distinct the duties of police officers and firefighters.
New guidelines for adult entertainment facilities PA 093-1056 March 2005 Illinois Law Update, Page 116 Effective November 23, 2004, the Counties Code (55 ILCS 5) was amended by changing section 5-1097.5 to prohibit adult entertainment facilities from locating within 3,000 feet of the property boundaries of any school, day care center, cemetery, public park, forest preserve, public housing, and place of religious worship.
Unlawful entry is an “authorized act” by a peace officer within the meaning of the municipal ordinance of resisting or obstructing a peace officer April 2004 Illinois Law Update, Page 176 On January 21, 2004, the Appellate Court of Illinois, Fourth District, affirmed the judgment of the Circuit Court of Champaign County convicting the defendant of resisting or obstructing a peace officer. 
While municipality may adopt regulations imposing weight limitations on trucks or commercial vehicles within its jurisdiction, it must clearly post signs in order to provide motorists with reasonable notice August 2003 Illinois Law Update, Page 384 On May 20, 2003, the Appellate Court of Illinois, Fourth District, reversed the order of the circuit court of Macon County granting the city of Decatur.
Constitutional Challenges to Municipal Administrative Adjudicatory Systems By Angela R. Hall March 2003 Article, Page 139 Do they succeed? It's possible but not likely, this author writes.
Fine schedule under village ordinance for parking and vehicle regulations, assessing late fees prior to hearing on merits of violation, a violation of due process March 2003 Illinois Law Update, Page 116 On December 13, 2002, the Appellate Court of Illinois, First District, reversed the order of the Circuit Court of Cook County and held that a village of Midlothian ordinance violated the due process clauses of the United States and Illinois Constitutions.
Of mangers and menorahs By Helen W. Gunnarsson December 2001 Lawpulse, Page 620 When do religious holiday displays on public property pass constitutional muster?
Maintaining the proper alignment and surface of sidewalks is a non-delegable duty of the municipality, not the abutting landowner September 2001 Illinois Law Update, Page 454 On July 13, 2001, the Appellate Court of Illinois, Third District, affirmed the circuit court's order dismissing third-party defendant, Ryan Rowe.
Illinois Constitution prohibits insertion of “corrupt or malicious motives” exception into the Tort Immunity Act August 2001 Illinois Law Update, Page 398 On June 21, 2001, the Illinois Supreme Court reversed the lower court's holding that the common-law "corrupt or malicious motives" exception limited the immunity granted by the Tort Immunity Act, 745 ILCS 10/1-101 et seq, and that the village could be held liable in quasi-contract.
Annexation agreement between village and landowner takes precedence over another municipality’s ability to regulate land use within 1.5 miles of its boundaries July 2001 Illinois Law Update, Page 342 On April 13, 2001, the Appellate Court of Illinois, Fourth District, affirmed the circuit court's holding that the village of Chatham's annexation agreement took precedence over the city of Springfield's ability to regulate land use pursuant to 65 ILCS 5/11-12-5.
“Sparklers” may soon be banned on public property; S.B. 523 June 2001 Illinois Law Update, Page 286 Municipalities may soon have the authority to pass ordinances prohibiting the use or sale of certain fireworks on public property.
“Compensatory damages” in section 9-102 of the Tort Immunity Act does not include attorney fees against municipalities April 2001 Illinois Law Update, Page 170 On February 16, 2001, the Illinois Supreme Court responded to the question of whether § 9-102 of the Illinois Tort Immunity Act permits the recovery of attorney fees against municipalities within its definition of compensatory damages.
Administrative Adjudication Offers First-Class Justice By James M. Reilly March 2001 Article, Page 147 Municipal administrative adjudication works, says the director of Chicago's Department of Administrative Hearings.
Law requires expanded background checks for all potential employees of park and school districts; P. A. 91-885 February 2001 Illinois Law Update, Page 60 Gov. George H. Ryan approved legislation that mandates background checks of all applicants seeking employment at park districts or school districts.
Despite gubernatorial veto, General Assembly permissively approves sales taxes for all nonhome rule municipalities; P.A. 91-649 March 2000 Illinois Law Update, Page 128 Public Act 91-649 permissively approves sales taxes for all nonhome rule municipalities. Previously, a nonhome rule municipality needed at least 130,000 inhabitants to pursue a sales tax, which effectively precluded most proposals.
Municipal Administrative Courts: Speedy Justice at What Cost? By Stanley R. Kaminski January 2000 Article, Page 46 Illinois’ new municipal administrative adjudication law raises concerns that the state has gone too far.
In malpractice action against local governmental entities, one-year limitation period of Tort Immunity Act applies December 1999 Illinois Law Update, Page 636 On October 21, 1999, the Illinois Supreme Court affirmed the judgment of the appellate court that the one-year limitation period in the Tort Immunity Act (745 ILCS 10/8-101 et seq (West 1996)).