Publications

Section Newsletter Articles on Municipalities

Municipal financing strategies By Kurt P. Froehlich Local Government Law, August 2009 An outline of the commonly encountered mechanisms for issuing multi-year debt obligations to finance municipal projects and certain short term money needs. 
Can oil and water mix—Impact fees and non-home rule municipalities? By John H. Brechin Local Government Law, June 2009 The recent April 15, 2009 decision of the 2nd District Appellate Court in Raintree Homes Inc. v. the Village of Long Grove illustrates the peril when non-home rule units attempt to “stretch” the limits of explicit statutory authority.
The evolution of business districts By Kathleen Field Orr Local Government Law, June 2009 Local governments bear so much of the burden of the economic decline, its powers to participate in the efforts to restore economic viability should be strengthened.
Impact fees and non-home rule municipalities: Oil and water can mix By Richard G. Flood and Ruth A. Schlossberg Local Government Law, June 2009 Despite the publicity it has received and the concerns it has generated, Raintree Homes, Inc. v. the Village of Long Grove is not new law. Impact fee ordinances which are properly drafted and which employ reasonable assumptions are enforceable.
Congratulations! You’ve been elected: Now what do you do? A practical guide to local government By Richard G. Flood and Ruth A. Schlossberg Local Government Law, April 2009 You have been elected and will assume office soon. What do you do until then?
Annual Town Meeting April 2009 Local Government Law, March 2009 Effective July 28, 2008, Public Act 95-761 amended Article 30, Annual Township Meetings, and provided new direction with regard to the notice and agenda provisions relating to annual and special township meetings.
A guide to consular notification for local governments By Mark C. Palmer Local Government Law, February 2009 Is an international law treaty from 1963 important to local governments in Illinois?
Karabetsos v. Village of Lombard: The Illinois Appellate Court, Second Judicial District clarifies the requirements for pleading a cause of action for a violation of 14th Amendment substantive due process By James W. Fessler Local Government Law, February 2009 In Karabetsos v. the Village of Lombard, the plaintiff filed suit against the Village of Lombard and several of its officials and employees alleging certain torts and various deprivations of her civil rights.
Elections—When does an arrearage make a person ineligible for an elective municipal office? By John H. Brechin Local Government Law, May 2008 Two recent cases have addressed questions concerning eligibility to run for political office and provide welcome guidance to municipal electoral boards which have to rule on objections raising these issues.
Indemnification agreements enforceable for municipality’s own negligence By Maureen E. Riggs Local Government Law, May 2008 On February 29, 2008, in the case of Nicor Gas Co. v. Village of Wilmette, 2008 WL 564138, the First District Appellate Court upheld the validity of indemnification agreements that indemnify a municipality for its own negligence if such agreements are clear and explicit.
Court confusion regarding challenges to municipal land use decisions By Mark A. Austill Administrative Law, January 2008 On September 24, 2007, the First District Appellate Court rendered its opinion in Chicago Title Land Trust Co. v. Board of Trustees of Village of Barrington, 2007 WL 2769250 (App. Ct., 1st Dist. 2007).
Appellate Court reaffirms tort immunity for liability stemming from building code enforcement and inspections By Michael D. Bersani Local Government Law, December 2007 In recent years, sensational stories have appeared in the media around the country concerning injuries and deaths resulting from faulty building construction.
Local immigration ordinances are likely unconstitutional By Anthony E. Rothert International and Immigration Law, November 2007 Several municipalities across the country have recently adopted laws that attempt to regulate immigration.
Local immigration ordinances are likely unconstitutional By Anthony E. Rothert Local Government Law, November 2007 Several municipalities across the country have recently adopted laws that attempt to regulate immigration.
Local immigration ordinances are likely unconstitutional By Anthony E. Rothert Human Rights, September 2007 Several municipalities across the country have recently adopted laws that attempt to regulate immigration.
Illinois General Assembly makes it clear: Units of local government can’t ask about price By Andrew J. Tessman Local Government Law, July 2007 If you were in charge of a small town in Illinois and wanted to build a new town hall or police department, wouldn’t you want to know how much it is going cost when considering which design firm to hire?
A municipality’s dilemma involving injured police officers By Carlos S. Arévalo Local Government Law, April 2007 Whenever an employee is injured on the job, employers and employees are significantly affected.
Incompatibility of offices By John H. Brechin Local Government Law, March 2007 The recent Second District Appellate Court decision in People ex. rel. Barsanti v. Scarpelli addresses the issue of whether the offices of Village Trustee and Township Park District Commissioner are incompatible.
Should Illinois municipalities be in the business of constructing Wi-Fi wireless broadband networks? By Jeffrey C. Torres Local Government Law, December 2005 Since the Federal Communications Commission issued its first report on broadband, defining it without regard to any transmission media as “broadband telecommunications capability that enables users to originate and receive high-quality voice, data, graphics and video telecommunications using any technology,” hardly a day goes by without hearing the call for the speedy development of municipal broadband networks to bridge the “Digital Divide,” a so-called divide that prevents all Americans from accessing broadband services.
Potential disclosure requirements for outside counsel hired by municipalities to investigate allegations of internal wrongdoing By Leslie Hairston and Frank M. Adams Local Government Law, April 2003 With the advent of media scrutiny of outside counsel being hired by State and Local Government entities to investigate allegations of wrongdoing by their government agencies, the documents generated during such representation might be exposed to media and litigation discovery requests at any given time.
Romine v. Village of Irving, 5-01-0798, January 15, 2003 By Alfred M. Swanson, Jr. Local Government Law, February 2003 After John and Dixie Osborne dropped their sons at a reunion in Irving, they drove to a tavern where each consumed about 12 bottles of beer.