Publications

Section Newsletter Articles on Municipal Law

Easier to petition some alternate bonds/Harder to document certain coverages By Kurt P. Froehlich Local Government Law, October 2013 P.A. 98-0203, effective January 1, 2014, has somewhat eased the process for obtaining a petition to drive to referendum the issuance of alternate bonds.
Illinois Appellate Court strengthens the notice defense to liability for injuries occurring on public sidewalks: Zameer v. City of Chicago By Michael D. Bersani Local Government Law, October 2013 In Zameer v. City of Chicago, the Appellate Court recently interpreted the notice defense in a manner that should serve to limit municipal liability in residential sidewalk cases.
Implications of Koontz v. St. John’s River Water Management By Aaron N. Gruen Local Government Law, October 2013 A look at the implications of the Koontz decision for municipalities and developers engaging in the land use entitlement development process.
“Why did the urban chicken cross the road?” How chickens are making “inroads” into urban communities By Melissa Anne Maye Animal Law, October 2013 Urban chicken-keeping is on the rise, and suburban attorneys should familiarize themselves with local ordinances in order to properly advise their clients of the requirements of their local municipality.
Case update list Local Government Law, July 2013 Recent cases of interest to local government law attorneys.
Case update list Local Government Law, May 2013 Recent cases of interest to local government law attorneys.
Is it pointless for a municipality to adopt the international fire code? By Marty Shanahan Local Government Law, April 2013 There have been discussions throughout the state as to whether the International Fire Code provides fire prevention and safety standards equal to or higher than the National Fire Protection Association.
Updating eavesdropping: ACLU v. Alvarez and potential legislation By Jordan M. Kielian and David J. Silverman Government Lawyers, October 2012 ACLU v. Alvarez changed the landscape of the eavesdropping law in Illinois. Prosecutors can no longer enforce the law against people who openly record police officers performing their duties in public.
Case law updates By John Holmes Local Government Law, August 2012 Recent cases of interest to local government lawyers.
Updating eavesdropping: ACLU v. Alvarez and potential legislation By Jordan M. Kielian and David J. Silverman Local Government Law, August 2012 ACLU v. Alvarez changed the landscape of the eavesdropping law in Illinois. Prosecutors can no longer enforce the law against people who openly record police officers performing their duties in public.
Can public bodies claim records are “Outside the scope” of a FOIA request? By John Redlingshafer Local Government Law, June 2012 A discussion of the Attorney General’s Public Access Counselor's binding opinion 12-009, which makes clear that “a public body is not authorized to redact information from responsive records which it considers to be ‘outside the scope’ of the FOIA request.”
Case law update By Rita Elsner Local Government Law, June 2012 Recent cases of interest to local government law practitioners.
When a private individual can claim qualified immunity—A look at Filarsky v. Delia By Lisle A. Stalter Federal Civil Practice, June 2012 On April 17th of this year, the United States Supreme Court, in a unanimous decision, extended qualified immunity protections to a private individual hired by the government.
Municipal and county zoning and public school districts By Kurt P. Froehlich Local Government Law, May 2012 In an Opinion, the Illinois Attorney general recently concluded that “public school districts are subject to municipal and county zoning ordinances, except to the extent that compliance...would frustrate a school district’s statutory objectives.”
When a private individual can claim qualified immunity—A look at Filarsky v. Delia By Lisle A. Stalter Local Government Law, May 2012 On April 17th of this year, the United States Supreme Court, in a unanimous decision, extended qualified immunity protections to a private individual hired by the government.
Wetland regulations—More than an environmental rule: A comment on County of Lake v. Campus Investments, Inc. By Lisle A. Stalter Environmental Law, April 2012 This case is important on two fronts. First, it discusses statutory interpretation and how it is applied in the context of purpose provisions of enabling legislation of statutorily created public bodies. Additionally, this case recognizes that the protection of wetlands is not only for aesthetic purposes or to provide a habitat for migratory birds.
Wetland regulations—More than an environmental rule: A comment on County of Lake v. Campus Investments, Inc. By Lisle A. Stalter Local Government Law, March 2012 This case is important on two fronts. First, it discusses statutory interpretation and how it is applied in the context of purpose provisions of enabling legislation of statutorily created public bodies. Additionally, this case recognizes that the protection of wetlands is not only for aesthetic purposes or to provide a habitat for migratory birds.
“Occupy Your Town” and the courts By Brady Waldrop Local Government Law, January 2012 What “occupiers” see as exercise of their rights of First Amendment Freedom of Speech, police and city officials see a public nightmare of health and safety issues as well as trying to keep the public areas open to the non-occupiers.
Case law update Local Government Law, December 2011 Recent cases of interest to local government attorneys.
Synthetic drugs: Playing catch-up with chemicals By Mark C. Palmer Local Government Law, December 2011 A multi-pronged plan that stresses education, prevention and public awareness along with updated laws and their enforcement should address the expanding danger of synthetic drug use.
Case law update Local Government Law, October 2011 Recent cases of interest to local government practitioners.
$1 nominal damages award in civil rights case nets plaintiff’s attorney zero attorney fees By Michael D. Bersani and Zrinka Rukavina Local Government Law, September 2011 The recent Seventh Circuit case of Frizzell v. Szabo may undercut the ability of civil rights plaintiffs to leverage larger-than-deserved settlements.
The Political Question Doctrine applied—A look at Moore v. Grafton Township Board of Trustees By Lisle A. Stalter Local Government Law, September 2011 A brief look at the Moore v. Grafton case and the political question doctrine as it has been applied to local governments in Illinois.
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.
Official misconduct—What constitutes a law? By John H. Brechin Local Government Law, August 2011 Defendant maintained that he was not guilty of official misconduct because the regulations he violated are not “laws” within the meaning of the Statute.
Trial practice in municipal code enforcement matters By Patti Gregory-Chang Administrative Law, August 2011 Improper actions by municipalities through their employees can lead to liability. This article takes a look at what conduct is unconstitutional at all phases.
Case notes and civil case summaries Local Government Law, June 2011 Recent cases of interest to local government lawyers.
Lessons learned from FCC v. AT&T: A look at the recent U.S. Supreme Court case By Lisle A. Stalter Local Government Law, June 2011 Although there are some fundamental difference in the federal Freedom of Information Act (“FOIA”) and the Illinois equivalent, lessons can be learned from the analysis of the recent U.S. Supreme Court decision in Federal Communications Commission v. AT&T.
Who’s that knocking at my door? A synopsis of door-to-door solicitation cases By Mark C. Palmer Local Government Law, January 2011 The local powers granted to municipalities to protect the health and welfare of its citizens, including prevention of crime, fraud and invasion of privacy, must be fairly balanced with any prior restraints on the Constitutional rights of the salespersons.
Home Rule and TNR (Trap, Neuter & Return) By Anna E. Morrison-Ricordati Animal Law, June 2010 A brief explanation of the state, county and local laws applicable to the management of feral cat colonies.