Section Newsletters

Articles on Municipal Law

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).
Can Illinois municipalities be in the business of constructing wireless broadband networks? By Adam B. Simon Local Government Law, July 2006 In the December 2005 edition of this newsletter, Mr. Jeffrey C. Torres opined on whether municipalities should be constructing wireless broadband networks.
Executive summary of the Spring 2006 legislative session By Matt Davidson Local Government Law, July 2006 Overview: The Spring Session of the Illinois General Assembly concluded on May 4, 2006. There were 353 bills which passed both chambers.
Architect Selection - Fee Information By Phillip B. Lenzini Local Government Law, June 2006 Commonly, when units of local government in Illinois seek the service of architects and engineers, they would like to obtain, along with other information regarding the architectural or engineering services, firm and credentials, information regarding the fee structure the architects or engineers propose to use.
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.
Recent decisions of interest By John H. Brechin Local Government Law, May 2006 Plaintiff’s employment as a County Sheriff’s corrections officer was terminated effective May 23, 2003.
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.
Attorney General issues opinions affecting units of local government By Lynn Patton Local Government Law, April 2006 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2004)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state’s attorneys on matters relating to their official duties.
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 & 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 & 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.
Attorney General issues opinion approving of the use of non-statutory election systems in home rule municipalities By Lynn Patton Local Government Law, November 2005 Attorney General Lisa Madigan recently issued an opinion of interest to units of local government.
Mandamus and the lilac bush: Jamison v. City of Zion 2-04-1050 (August 12, 2005); 2005WL2045603 By Alfred M. Swanson, Jr. Local Government Law, November 2005 Mark Jamison was upset when his neighbor on Sharon Place in Zion, Illinois, erected a fence and planted large lilac bushes in the public right of way along their street.
Another blow to local governmental immunity. . . Brooks v. Illinois Central RR By Maureen E. Riggs Local Government Law, August 2005 On June 2, 2005, the First District Appellate Court issued an opinion pertaining to statutes of limitations and local governmental entities, yet giving another answer to the question "Which limitations period applies?"
Case notes By John H. Brechin Local Government Law, August 2005 Bensenville notified Plaintiff of its intent to enforce the amortization provisions of its zoning ordinance, reasoning that Plaintiff's use of the property as a wrecking yard was a non-conforming use.
Current legislation By John H. Brechin Local Government Law, July 2005 Over 6,100 Bills were filed in the current session of the General Assembly.
Recent litigation of interest By John H. Brechin Local Government Law, July 2005 Chicago brought an action alleging violations of its Building Code.
Putting the Village and the developer on the same side of the table-Success in Sauk Village By Mica Castellino Local Government Law, June 2005 The largest municipally-owned industrial park site in Illinois-and one of the largest in the nation-is located in the Chicago southland region.
Fire district douses county’s municipality claim By Alfred M. Swanson, Jr. Local Government Law, May 2005 The Wauconda Fire Protection District sought declaratory and injunctive relief against Lake County and Stonewall Orchards after Lake County approved new construction despite Stonewall's failure to comply with a District ordinance.
Legislation Preview By Lynn Patton Local Government Law, May 2005 Recent legislation of interest.
Attorney General issues opinions affecting units of local government By Lynn Patton Local Government Law, April 2005 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2002)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties.
Solid waste disposal and the Commerce Clause By Divya K. Sarang Local Government Law, April 2005 Safe and efficient waste disposal remains a challenge to communities. Local Governments continue to pass laws regulating the disposal. Appellate courts interpret the spirit of the law as laid down by the Supreme Court .
City’s prohibition of truck traffic fails due to city’s designation of roadway By Christopher J. Petri & David J. Gerber Local Government Law, March 2005 On January 25, 2005, the United States Court of Appeals for the Seventh Circuit rendered a decision in Crest Hill Land Development, LLC v. City of Joliet, Case No. 04-2565, 2005 WL 147396 (7th Cir. Jan. 25, 2005) that displays how a city's description or designation of its local roadways can have an adverse effect on the city's ability to control roadway truck traffic.
Attorney General creates Office of Public Access Counselor to assist local government officials By Lynn Patton Local Government Law, February 2005 Attorney General Lisa Madigan has announced the creation of a Public Access Counselor within her office to enhance understanding of and compliance with the Freedom of Information Act and Open Meetings Act.
Can a plaintiff climb out of the pothole issue? By Michael J. Marovich Civil Practice and Procedure, February 2005 Many personal injury cases involve situations in which a defendant claims that they lost control of their motor vehicle due to the fact that they struck a pothole in the street.
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.
A Home Rule Unit may not legislate on the issue of disconnection By John H. Brechin Local Government Law, February 2005 The Village of Elk Grove enacted an ordinance that imposed a fee on any property owner who sought to disconnect property from the Village.

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