Publications

Section Newsletter Articles on Municipalities

Municipal bankruptcy: Detroit and its impact on other major cities By Reilly Paul Corporate Law Departments, November 2013 The judgment on Detroit’s bankruptcy is still out, but, negative or positive, the largest municipal bankruptcy in history has certainly changed the way that American cities will handle financial crises now and into the future.
Case law updates Local Government Law, December 2012 Recent cases of interest to local government law practitioners.
Video gaming—A good gamble for future municipal revenues? By Marty Shanahan Local Government Law, December 2012 In difficult economic times, a municipality may increase its revenue by simply allowing video gaming within its borders. Are municipalities willing to take that “chance” despite the stigma and possible ill effects of video gaming? Will the state reduce the amount of the Distributive Fund percentage allocated to the municipality, leaving the municipality with all of the problems and reduced or no benefits? A majority of Illinois municipalities seem to be willing to take the “gamble.”
Case law update Local Government Law, October 2011 Recent cases of interest to local government practitioners.
Troubled times require new approaches By Kathleen Field Orr Local Government Law, October 2011 Only time will permit the market place to absorb the thousands of foreclosures of both commercial and residential properties. In order to participate in modest growth and reasonable expansion to sustain the infrastructure that has been put into place, communities must revisit their demands upon developer for impact fees, land dedications and renegotiate recapture agreements.
Case law updates By Michael D. Bersani, Rita Edsner, and Adam Margolin Local Government Law, August 2011 Recent cases of interest to local government lawyers.
Personal property replacement taxes and public libraries By Phillip B. Lenzini Local Government Law, August 2011 If a library existed before 1978, it should be receiving personal property tax replacement funds, either directly from the State or through its host municipality or township.
Negotiating tax increment financing redevelopment agreements By Herbert J. Klein Local Government Law, April 2011 As redevelopment agreements typically exist for a number of years, care should be taken to address all known and reasonably anticipated issues in a clear and unambiguous manner. Here's a look at some of the items the agreement should address.
Second District Appellate Court reaffirms ground rules on SSA objection petitions By Michael J. Smoron, Kevin G. Costello, and Carlos S. Arévalo Local Government Law, April 2011 A look at the significance of the Peeples v. Village of Johnsburg case.
Municipal antitrust immunity: A survey of Illinois decisions By Jamie Manning Antitrust and Unfair Competition Law, February 2011 A summary of the cases challenging Illinois municipalities' antitrust liability exemption.
Case summaries Local Government Law, January 2011 Recent cases of interest to Local Government lawyers.
Revenue sharing analysis for traffic citations By Marty Shanahan Local Government Law, January 2011 A look at how revenues are shared among the different departments within a municipality.
Illinois local governments filing for Chapter 9 bankruptcies By W. Britt Isaly Local Government Law, December 2010 Chapter 9 bankruptcy is now available to eligible units of local governments, by way of the “specific authorization” section of the Bankruptcy Code, Section 109(c).
Sea change in Illinois eminent domain law By Pat Lord Local Government Law, December 2010 The difficulties that eminent domain petitioners face under the New Eminent Domain Act will likely be exacerbated by the recent case of Forest Preserve District of DuPage County v. First National Bank of Franklin Park et al.
Case law summaries Local Government Law, November 2010 Recent cases affecting municipal laws.
Dumber than dirt By Phillip B. Lenzini Local Government Law, November 2010 A look at the recent case of Board of Education of Auburn Community Unit School District No. 10 v. Ill. Department of Revenue etc. et al.
The Fourth Amendment in the workplace: U.S. Supreme Court declines to define boundaries City of Ontario, California et al v. Quon et al, 130 S.Ct. 2619 (2010) By Paul N. Keller Local Government Law, October 2010 The opinion in City of Ontario, California et al v. Quon et al is helpful in clarifying that even assuming a reasonable expectation of privacy exists, the employer may make a reasonable search for business related purposes, e.g., the efficient operation of the organization, or to discover work related misconduct.
Who do I have to consult? A look at the Illinois Department of Natural Resources consult process By Lisle A. Stalter Local Government Law, October 2010 A local government-DNR consult can be required for any construction activity, infrastructure (utility, road, sewer) alterations, discharge of pollutants into the air, water or land, re-zoning, and subdivision and development platting.
Case summaries By Zeke McCartney Local Government Law, September 2010 Brief synopses of cases relating to municipal law.
Municipality successfully asserts estoppel By David J. Silverman and Jonathan C. Hughley Local Government Law, September 2010 A review of the recent case of Humphrey Property Group LLC v. the Village of Frankfort.
TIF 101 By David J. Silverman Local Government Law, September 2010 An explanation of Tax Increment Allocation Financing, arguably the most powerful economic redevelopment tool available to municipalities in Illinois.
Vested development rights By Steven D. Mahrt Local Government Law, September 2010 The recently decided case of 1350 Lake Shore Associates v. Randall will make it more difficult for a developer to succeed on a vested rights claim.
The continuing expansion of the Public Safety Employee Benefits Act By Carlos S. Arévalo Local Government Law, June 2010 The Legislature’s failure to specify its intentions will lead to further disputes between cash-strapped local governments struggling to meet the rising costs of operations and disabled safety employees trying to meet and keep up with increasing health care costs.
What the local government attorney should know about Illinois environmental laws By Lisle A. Stalter Local Government Law, May 2010 An overview of the environmental laws that impact a local government lawyer.
History of township government By John W. Foltz Local Government Law, February 2010 Township government has its origins in that checker-board system of local geography which a township map of Illinois depicts. The precise forms under which the people of Illinois are today governing themselves have been largely shaped by the history of the State.
Safety vs. sanctity—The balancing act of rental property inspections By Mark C. Palmer Local Government Law, February 2010 The Fourth and Fourteenth Amendments to the United States Constitution safeguard the right of individuals against unreasonable searches. Although many variations exist in both the criminal and civil contexts, the governing principle is simple: "a search of private property without proper consent is 'unreasonable' unless it has been authorized by a valid search warrant."
Case note: Federal court upholds municipal housing code enforcement procedures By Paul N. Keller Local Government Law, 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.
Equal protection—Class of one By John H. Brechin Local Government Law, December 2009 The Seventh Circuit Court of Appeals recently announced its decision in Hanes v. Zurick on August 18, 2009. 
In brief By John H. Brechin Local Government Law, 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.
Zoning—Disapproval of development—When is it ripe for judicial review? By John H. Brechin Local Government Law, December 2009 LaSalle Bank National Association v. City of Oakbrook Terrace involved a zoning dispute between the parties.