Section Newsletter Articles on Due Process
A long and winding road
, August 2010
A look at the due process requirements and jurisdictional filing requirements in Bell v. Retirement Board of the Firemen’s Annuity and Benefit Fund of Chicago.
Zoning—What notice is sufficient to satisfy due process?
Local Government Law
, May 2010
In a recent decision, the Illinois Supreme Court held that the notice provided by the City of Zion in this zoning case did not satisfy due process requirements pursuant to the Illinois Municipal Code.
Due process requires live testimony to judge witness credibility
Civil Practice and Procedure
, February 2008
The Second District of the Illinois Appellate Court in Anderson v. Kohler, 376 Ill.App.3d 714, 877 N.E.2d 110, 315 Ill.Dec. 623 (2nd Dist. Oct. 4, 2007), recently reversed the lower court’s decision for relying on a transcript of plaintiffs’ case-in-chief from a prior trial rather than allowing the plaintiffs to present their case-in-chief anew.
The “new wrinkle” in due process: when the state learns its notice has failed
, June 2007
The Supreme Court of the United States recently revisited the issue of adequacy of notice under the Due Process Clause and declared that when the State’s notice of a tax sale sent by certified mail is returned unclaimed, the State has an obligation to take “additional reasonable steps to attempt to provide notice to the property owner before selling the property, if it is practicable to do so.