Publications

Section Newsletter Articles on Municipal Law

Forced annexation—Are roads included in the calculation of acreage? By John H. Brechin Local Government Law, September 2008 The sole issue of Bowers v. City of Rockford was whether the 60-acre statutory limitation in Section 7-1-13 of the Illinois Municipal Code includes interior highways.
Prosecution of municipal ordinances violations and a preview of the proposed Supreme Court Rules addressing them By Mark C. Palmer Local Government Law, April 2008 On January 28, 2008, the Illinois Supreme Court Rules Committee held its annual public hearing and included on the agenda was the proposal to create new Illinois Supreme Court Rules 570-581 (“Proposed Rules”).
Proposed Illinois Supreme Court Rules regarding municipal ordinance violations By Jewel N. Klein Administrative Law, March 2008 The Administrative Law Section Council has received the text of a proposed series of Supreme Court Rules applicable to municipal ordinance violation prosecutions not punishable by a jail term and other than traffic offenses when such ordinance violations are prosecuted through the judicial system.
New rules for vacancies in municipal offices By Jenette M. Schwemler Local Government Law, January 2008 House Bill 962 amends the Illinois Municipal Code provisions regarding eligibility for election or appointment and vacancies in elective offices.
Township authority to fix problem properties By Sheryl H. Kuzma Local Government Law, December 2007 The Illinois Municipal Code has provisions for cutting overgrown weeds and demolishing dilapidated buildings, but what can a township do to remedy problem properties?
Paramedic (EMS) immunity & legislative update By Andrew Roszak Local Government Law, November 2007 Paramedics are dispatched to a residence for an unresponsive male victim.
What became of Rice? By Maryann Bullion Local Government Law, November 2007 In 2002, the Fourth District Appellate Court heard an issue of first impression and narrowed the scope of local government law, Rice v. Board of Trustees of Adams County.
City of Chicago attains another victory in ordinance violation enforcement By Patti Gregory-Chang Administrative Law, September 2007 The Appellate Court for the First District recently handed down a ruling with far-reaching implications for municipal administrative law in Illinois.
Impoundment of motor vehicles By John H. Brechin Local Government Law, January 2007 On November 16, 2006, the United States District Court entered its decision in this case involving a traffic stop by a Waukegan policeman.
Ownership of property within a TIF By Kathleen Field Orr Local Government Law, October 2006 An often-ignored standard of the TIF Act is the provision regarding conflicts of interest on the part of certain municipal officials, employees or consultants which may arise in connection with the designation of a Redevelopment Project Area.
Second District limits municipal authority to Recoup Lost Sales Tax Revenue By Peter Friedman Local Government Law, September 2006 In a little-noticed opinion, the Second District significantly restrained municipal authority to recoup sales tax revenue lost to other municipalities able to offer more favorable tax rates for retailers (through tax rebate agreements and/or lower sales tax rates).
Municipalities trump counties for building fees and control By Gary R. Gehlbach Real Estate Law, May 2006 A rather remarkable decision was filed by the Illinois Supreme Court on September 22, 2005, affecting developers, municipalities and counties.
Replacing an improperly passed ordinance without repealing the old does not cure the defect By Alfred M. Swanson, Jr. Local Government Law, May 2006 This is the second appeal of this case in which the plaintiff alleged the DuPage County Board violated the Open Meetings Act.
A newly recognized defense to disconnection petitions By David W. McArdle Local Government Law, March 2006 This article is intended to provide direction for municipalities faced with petitioners seeking disconnection from the municipal corporate limits.
Can a home rule municipality enter into a project labor agreement on municipal projects financed with only municipal funds? By Jeffrey D. Lester and Maureen E. Riggs Local Government Law, February 2006 Project labor agreements or IMPACT agreements are contractual agreements signed between a trade union and a public entity requiring that union workers will be used on a public works project.
Tax incentives for historic residences By David Dwyer Young Lawyers Division, February 2006 Significant real estate tax incentives are available for owners of historic buildings in Illinois
“Clearly something wrong”: Seventh Circuit limits “Class of One” equal protection actions By Aušra Tauginas and Paul N. Keller Local Government Law, January 2006 In Lauth v. McCollum 424 F.3d 631 (7th Cir. Sep. 20, 2005), the federal court continues its “struggle to define the contours of class-of-one cases.
The First Amendment on the overpass: Cities may bar protestors from highway bridges By Paul N. Keller Local Government Law, January 2006 In recent contrasting cases, the Seventh Circuit and the Tenth Circuit have reviewed police department policies and practices regarding protest activity on bridges over highways.
Not a happy Halloween for the City of Peoria By Thomas A. Bruno Bench and Bar, December 2005 R & A Productions Inc. v. City of Peoria, Illinois, Case No. 03-1057 filed October 31, 2005 On Halloween this year Judge John A. Gorman, United States Magistrate Judge for the Central District of Illinois, sitting in Peoria, ruled in favor of Mulligan’s, a Peoria bar, on a summary judgment motion regarding whether Mulligan’s could hold “wet T-shirt” competitions despite Ordinance 3-14, which prohibited such entertainment in non-licensed venues.
Federal concealed weapons law creates more liability for municipalities By Paul N. Keller Local Government Law, February 2005 Congress recently enacted a federal law which authorizes active and retired law enforcement officers to carry concealed weapons anywhere in the United States, preempting all State and local laws.
The Public Works Contract Change Order Act: The creation of the re-bid requirement By Michael T. Jurusik Local Government Law, June 2004 To address the problem of bidders who submit unreasonably low bids to secure public works contracts and then seek large change orders that are more reflective of the actual cost of the project, on January 22, 2004, Governor Rod Blagojevich signed House Bill 940 into law as Public Act 93-0656, which is known as the "Public Works Contract Change Order Act." 50 ILCS 525/1 et seq. ("the Act").
Local governments may not always impose its regulations and fees on other local governments By Michael J. Lecher and David W. McArdle Local Government Law, January 2003 Depending on your point of view, the Illinois appellate court for the Second District recently either struck a blow to the regulatory power of local governmental units or it clarified the power of state agencies in County of Lake ex. Rel. Lake County Stormwater Management Com'n v. Fox Waterway Agency, 326 Ill.App.3d 100, 759 N.E.2d 970, 259 Ill.Dec. 909 (2nd Dist. 2001).
The unintended ramifications of the SWANCC decision: Local regulation of isolated waters By David W. McArdle and E. Regan Daniels Shepley Local Government Law, May 2001 The recent United States Supreme Court ruling in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers held that the Corps' authority under the Clean Water Act does not extend to isolated waters-- those waters that are not connected or adjacent to interstate or navigable waters.
Some laws of 100 years ago mirror today’s laws By Richard G. Flood Local Government Law, October 2000 At the onset of the new millennium it is interesting to reflect on the changes in local government law during the last millennium.
Liabilities and immunities: An outline of the Illinois Local Governmental and Governmental Employees Tort Immunity Act By Michael D. Bersani Local Government Law, March 2000 A. Tort Immunity Act was enacted in 1965 in response to Illinois Supreme Court's abolishment of common law sovereign immunity.
Continued expansion of administrative adjudication authority By David W. McArdle Local Government Law, July 1999 Beginning January 1, 1998, pursuant to Public Act 90-777, nonhome rule municipalities will have the expanded power, under 65 ILCS 5/1-2.2, to establish a system of administrative adjudication for violations of municipal ordinances other than building code violations and moving motor vehicle violations.
Local government law on the Internet By Michael B. Weinstein Local Government Law, February 1999 Many attorneys are discovering the numerous Worldwide Web sites on the Internet that can be of substantial benefit in performing legal research.