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Local Government LawThe newsletter of the ISBA’s Section on Local Government Law

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Newsletter articles from 1999

1999 Key municipal legislation By Roger Huebner September 1999 SB1032 - TAX INCREMENT FINANCING REFORM
Are you insured when the circus comes to town? By E. Regan Daniels Shepley December 1999 Every town sees them­permit requests from organizations sponsoring a circus, carnival, festival or other "special event."
Attorney general issues opinions affecting units of local government By Lynn Patton October 1999 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 1996)), 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.
Attorney general issues opinions affecting units of local government By Lynn Patton February 1999 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 1996)), 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.
Continued expansion of administrative adjudication authority By David W. McArdle 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.
The death knell of the deliberative process privilege in Illinois By Patricia M. Moser July 1999 The deliberative process privilege has long been recognized by the federal courts.
Eminent domain—public use and private benefit By John H. Brechin November 1999 An essential element of any valid eminent domain action is that the property be taken to benefit the public instead of private individuals.
Floodgates open to equal protection claims By Michael D. Bersani March 1999 The Equal Protection Clause of the 14th Amendment provides that "[n]o State shall . . . deny to any person within its jurisdiction the equal protection of the laws."
A guide to annexations and annexation procedures By Sharon L. Eiseman December 1999 Division 1 of Article 7 of the Illinois Municipal Code (65 ILCS 5/7-1-1, et seq.) provides for several means of annexing property to a municipality. The following outline is intended as a guide for municipal staff and officials.
Local government law on the Internet By Michael B. Weinstein February 1999 Many attorneys are discovering the numerous Worldwide Web sites on the Internet that can be of substantial benefit in performing legal research.
The nonending power struggle: County board vs. elected officers By Pat Lord June 1999 The relationship between a county board and a county's elected officers (the auditor, circuit clerk, county clerk, state's attorney, treasurer, coroner, sheriff and recorder) is a legal set-up for continuous power struggles.
Proceed with caution in condemnation actions By Jeffrey A. Mollet June 1999 A recent decision from the appellate court for the Second District may cause municipalities to proceed with more caution in pursuing condemnation actions.
State Gift Ban Act—Attorney General Opinion By Lynn Patton August 1999 Recently, Attorney General Jim Ryan issued an opinion regarding the implementation of the provisions of the State Gift Ban Act (added by Public Act 90-737, effective January 1, 1999, to be codified at 5 ILCS 425/1 et seq.)
State Gift Ban Law will have major impact on local government By David J. Silverman March 1999 Governor Edgar recently signed into Law House Bill 672 which was passed by the 90th General Assembly.
What might lie ahead with Illinois RFRA By Janet N. Petsche and Eric J. Fuglsang November 1999 "Will police officers be allowed to refuse to guard abortion clinics based on their religion?"
What’s this stuff about prevailing interest rates? Public fund investment standards, policies, and more By Thomas L. Kilbride January 1999 I've heard about the Prevailing Wage Act, but what's this talk about prevailing interest rates!
Zimmerman and Harinek: After two strikes is the special duty doctrine really “out”? By Janet N. Petsche January 1999 After two recent Illinois Supreme Court decisions, one issued in February and one in June 1998, there can't be much uncertainty that the application of the special duty doctrine to contravene governmental immunities to tort liability granted by the General Assembly is unconstitutional.