order the state's attorney to prosecute the petition to terminate parental rights without a violation of the doctrine of separation of powers occurring. Further, the Juvenile Court Act contains no provision affording a guardian ad litem or other private party the right to prosecute petitions filed pursuant to the Act.
Sovereign immunity
Busch v. Bates, No. 5-99-0638 (July 25, 2001.) Although plaintiff's (crime scene technician's) complaint against State Police officers for defamation was not barred by sovereign immunity, it was subject to dismissal, because statements made as part of mandated investigation by the State Police are absolutely privileged. Otherwise, employees of the State Police would be subject to the untenable choice of failing to report and face disciplinary action or report perceived official misconduct and face a defamation action.
Taxation
Tazewell County Bd. of Review v. Property Tax Appeal Bd. (2001), No. 3-00-0273 (3rd District, June 19, 2001.) The Property Tax Appeal Board had jurisdiction, pursuant to statute, to adjust real estate tax assessments of objectors' property for years subsequent to those years which were the subject matter of a tax protest, after deadline for filing protest, even though objection adjusting assessed valuation was arrived at by agreement and thereby resulted in the dismissal of the protest.
Gofis v. County of Cook, No. 1-99-4488 (1st District, July 26, 2001.) Trial court was correct when it dismissed class action declaratory judgment complaint against county treasurer seeking to enjoin the collection of a $10 tax automation fee on the redemption of delinquent real estate taxes. The tax automation fee is authorized by section 21-245 of the Illinois Property Tax Code (35 ILCS 200/21-245 (West 1994.)) The collection of the fee is not barred by the county's failure to follow its own rules for enactment of ordinances, and the plaintiff's claims are barred by the voluntary payment doctrine.
Tort immunity
Village of Bloomingdale v. CDG Enterprises, Inc., No. 89963 (June 21, 2001.) The appellate court should not have reversed the trial court's dismissal of a counterclaim filed against the city for tortuous interference with business expectancy and for quasi-contract. To recognize a "corrupt or malicious motives" exception to the Local Governmental and Governmental Employees Tort Immunity Act would violate the separation of powers doctrine. Further, because a quasi-contract is a remedy based upon unjust enrichment principles, it does not qualify under breach of contract exception of section 2-101(a) of the Tort Immunity Act (745 ILCS 10/2-101(a) (West 1998.))
Stein v. Chicago Park District, No. 1-99-3987 & 1-00-0119 (1st District, June 22, 2001.) Plaintiff's verdict for personal injuries which she suffered when she tripped over watering hoses placed across a sidewalk by park district employees without proper warning, reduced by 50 percent for contributory negligence, is supported by the evidence and is not subject to directed verdict based on section 3-106 of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/3-106 (West 1998.)) Temporary placement of hoses across sidewalk is not a "condition of any public property" as that phrase is used in section 3-106 of the Act. Further, jury's failure to award medical expenses was cured by additur granted by the trial judge.
Adamczyk v. Township High School District 214, No. 1-99-4075 (1st District, July 27, 2001.) A school district was not immune, pursuant to section 3-106 of the Local Governmental and Governmental Employee Tort Immunity Act (745 ILCS 10/3-106 (West 1996,)) from liability for ordinary negligence in the maintenance of a parking lot adjacent to a public high school. Although the parking lot was adjacent to the entrance of the gymnasium used at the time of plaintiff's injury for recreational purposes, it also provided entrance to several other parts of the high school. Thus, the parking lot was an integral part of the school as a whole. The high school was a multipurpose facility permitting both recreational and nonrecreational activities; therefore, section 3-106 of the Act, which immunizes public entities from injuries sustained on public property used for recreational purposes, does not immunize the school district from its duty to maintain the adjoining parking lot. Therefore, summary judgment was not proper in favor of school district.
The Handbook of Illinois Administrative Law is now available for purchase from the Illinois State Bar Association. The Handbook, published through the joint efforts of the Illinois State Bar Association's Administrative Law Section Council and the Government Bar Association, provides an overview of Illinois' administrative process. The text is organized into seven major chapters:
Research and Writing, which outlines the sources agency and private counsel may consult to find and cite authorities in Illinois administrative law. Subchapter topics include: research, citations and Internet sources for Illinois administrative information.
Organization and Management, which details a number of legal issues relevant to the internal processes of State agencies. Issues addressed include: attorney-client privilege and the federal budget process.
Meetings and Legislation, which includes information on: the Open Meetings Act, the Freedom of Information Act, the State Records Act, drafting legislation, effective dates on statutory enactments and researching legislative history.
Rules and Rulemaking, which addresses the general topic of rulemaking, as well as containing specific information regarding the drafting of administrative rules, the rulemaking process, the use of emergency and peremptory rulemakings, and the Joint Committee on Administrative Rules process.
Investigation and Adjudication, which details the processes of administrative agency decision making and judicial review of agency decisions applying regulatory and legislative standards to particular cases. The subchapters cover informal investigations, subpoenas, prehearing, discovery, general practice pointers, administrative law judges, official notice, and judicial review of agency decisions.
Fees and Claims, which includes a discussion on the availability of attorney fees in administrative hearings.
Offices and Agencies, which describes practice before the Human Rights Commission and the State Labor Relations Board, as well as providing an overview of the responsibilities of the Attorney General and the Attorney General's opinions process.
The Handbook is available to members of the Illinois State Bar Association and the Government Bar Association for $50 and to non-members for $60. To order your copy, contact Janice Ishmael at 800/252-8908 or 217/525-1760. Or, place your order for this publication by using your credit card on the ISBA Web site at www.isba.org.
Committee on Government Lawyers co-sponsors Law Ed Seriesprogram
A seminar on "Illinois Administrative Law" will take place from 8:30 a.m. to 5 p.m. Friday, November 16, 2001, at the Hilton Hotel, 700 E. Adams Street in Springfield. The comprehensive, all day seminar is presented by the ISBA's Administrative Law Section and is co-sponsored by the ISBA's Standing Committee on Government Lawyers and the Government Bar Association. Program registrants will receive a copy of the newest ISBA publication Handbook of Illinois Administrative Law.
After introductions by Edward J. Schoenbaum, Chair of the Administrative Law Section Council, the opening session from 8:35 a.m. to 8:55 a.m., will feature a discussion by Professor Frank J. Kopecky, University of Illinois-Springfield, on "Researching Illinois Administrative Law." From 8:55 a.m. to 9:20 a.m., Helen Gunnarson, Administrative Law Judge for the Illinois Human Rights Commission, will speak on "Administrative Law on the Internet." She will be followed by Richard C. Edwards, Executive Director of the Legislative Reference Bureau, from 9:20 a.m. to 10:00 a.m., who will provide a "Guide to Drafting Legislative Documents and Researching Legislative History."
From 10:00 a.m. to 2:15 p.m., the seminar will feature a number of presentations regarding various aspects of administrative agency practice. Claire A. Manning, Chairman of the Illinois Pollution Control Board, will discuss practice before the Board from 10:00 a.m. to 10:15 a.m.; Roma Larsen, Chief Administrative Law Judge for the Human Rights Commission, will address administrative practice before the Commission from 10:15 a.m. to 10:30 a.m.; Chad Fornoff, Chief Counsel for the Illinois Court of Claims, will examine the role of the Court of Claims from 10:30 a.m. to 10:45 a.m.; and Terry Shafer, Administrative Law Judge for the Illinois Property Tax Appeal Board, will comment on the Property Tax Appeal Board's administrative process from 10:45 a.m. to 11:00 a.m. This segment of the program will be followed by a thirty minute presentation by Gerald G. Goldberg of Chicago, on "Investigation and Adjudication: HearingsPrehearing and Discovery." The morning segment will conclude with Matt Franklin, Chief Administrative Law Judge for the Department of Children & Family Services, discussing "The Hearing from an ALJ's Perspective."
After a 12:00 noon to 1:00 p.m. luncheon break, registrants will hear the judicial perspective on administrative law with the Honorable Tom Appleton, Circuit Court Seventh Judicial Circuit, commenting on "Evidence in Administrative Hearings" from 1:00 p.m. to 1:45 p.m. followed by the Honorable Alexander P. White, Circuit Court Cook County, addressing "Administrative Review" from 1:45 p.m. to 2:15 p.m.
Cook County Assistant State's Attorney Julie Ann Sebastian, will provide a "Case Law Update" from 2:15 p.m. to 3:00 p.m. Assistant Illinois Attorney General Stephen J. Rotello will examine the "Freedom of Information Act" from 3:00 p.m. to 3:30 p.m. His presentation will be followed by a thirty minute review of the "Open Meetings Act" by Thomas M. Battista, Deputy Director, Illinois Property Tax Appeal Board.
From 4:00 p.m. to 4:30 p.m., Robert John Kane, Assistant Vice-President, Illinois State Medical Society, will describe the "Rulemaking Process." The concluding session at 4:30 p.m. is "Ethics for Government Attorneys and the Administrative Judiciary" with Rosalyn Kaplan, Manager of the Appellate Division, Attorney Registration and Disciplinary Commission.
Registration fees are $55 for members of co-sponsoring groups. $65 for ISBA members and $125 for non-member lawyers. For registration details, contact the CLE Registrar at 217/525-1760 or 800/252-8908. Or, register on-line at www.isba.org.
The dates, topics and sites of a number of upcoming legal education programs of interest to the government bar have been announced.
Friday, October 19, 2001, 9:00 a.m.-5:00 p.m., "2001 Federal Tax Conference," presented by the ISBA's Federal Taxation Section at the ISBA Regional Office, 20 South Clark Street, Suite 900, Chicago. Costs: member of the Federal Taxation Section-$55; ISBA Member-$65; non-ISBA member lawyer-$125.
Friday, November 2, 2001, 9:00 a.m.-5:00 p.m., "2001 Federal Tax Conference," presented by the ISBA's Federal Taxation Section at the Radisson Hotel, 10 Brickyard Drive, Bloomington. Lunch provided. Costs: member of the Federal Taxation Section-$65; ISBA Member-$75; non-ISBA member lawyer-$135.
Friday, November 2, 2001, 9:00 a.m.-4:30 p.m, "Real Estate Law Update," presented by the ISBA's Real Estate Law Section at The Palmer House Hilton, 17 East Monroe Street, Chicago. Costs: member of the Real Estate Law Section-$55; ISBA Member-$65; non-ISBA member lawyer-$125.
Wednesday, November 7, 2001, Time: tba, "A Good News Seminar on TIF--One of the Best Deals in Town is Here to Stay," presented by the ISBA's Local Government Law Section at the ISBA Regional Office, Chicago. Costs: tba.
Friday, November 9, 2001, 9:00 a.m.-4:30 p.m., "Real Estate Law Update," presented by the ISBA's Real Estate Law Section at the Radisson Hotel, 10 Brickyard Drive, Bloomington. Costs: member of the Real Estate Law Section-$55; ISBA Member-$65; non-ISBA member lawyer-$125.
Monday, November 12, 2001, Time: tba, "Sentencing Enhancement Issues in the Wake of Apprendi," presented by the ISBA's Criminal Justice Section at the Radisson Hotel, 10 Brickyard Drive, Bloomington. Costs: tba.
Wednesday, November 14, 2001, Time: tba, "A Good News Seminar on TIF One of the Best Deals in Town is Here to Stay," presented by the ISBA's Local Government Law Section at the Eastland Suites, Bloomington. Costs: tba.
Friday, November 16, 2001, Time: tba, "An Overview to Illinois Administrative Law," presented by the ISBA's Administrative Law Section and co-sponsored by the Standing Committee on Government Lawyers at the Hilton Hotel, Springfield. Costs: tba.
For registration information for all ISBA programs, contact the CLE Registrar at 800/252-8908 or visit the ISBA Web site at www.isba.org.
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