The newsletter of the ISBA’s Section on Local Government Law
Browse articles by year: 2015 (3)
Newsletter articles from 2000
Anatomy of a conflict
Local government attorneys must be cautious before representing clients against their former municipal clients.
Beware the procedural pitfalls of vacating roads
As with many aspects of the law, the procedural mechanisms established by statute can pose an enormous burden on elected officials who are trying to discharge the duties of their office.
Briefly noted… by the editor
A single violation of departmental rules authorizes dismissal. Moreover, where the plaintiff violated certain departmental rules of conduct when he chose to lie during a departmental investigation, discharge was an appropriate sanction.
The general election on November 7, 2000 will be the last election under current county reapportionment plans.
How do you define relief?
A recent decision from the Second District Appellate Court addressed the application of section 10/9-107 of the Local Governmental Tort Immunity Act ("Act") to the levy of taxes to pay judgments and settlements under the Act.
How much is that property worth?
Department of Transportation v. Bolas, decided May 23, 2000, involved an eminent domain action by IDOT to acquire approximately one acre of a 58-acre farm for a roadway improvement.
An overview of the Freedom of Information Act
Recent press reports have criticized public bodies for supposed non-compliance with provisions of Illinois' Freedom of Information Act (FOIA). In fact, even before the next regular session of the General Assembly, there is legislation pending to amend FOIA.
Recent decisions of interest
Three recent Seventh Circuit decisions have examined the issue whether the State of Illinois is immune from the provisions of the Americans with Disabilities Act (ADA).
Recent legislative events concerning public finance
Two somewhat recent amendments in the area of public and municipal finance provide a trap for the unwary (in the case of P.A. 91-595, effective 8/14/99, amending the Bond Issue Notification Act, 30 ILCS 352/1 et seq., "BINA") and opportunities and clarifications as well as traps for the unwary (in the case of P.A. 91-493, effective 8/13/99, and P.A. 91-868, effective 6/22/2000, amending the Local Government Debt Reform Act, 30 ILCS 350/1 et seq., the "Reform Act").
Taxpayers’ Bill of Rights
The Local Government Taxpayers' Bill of Rights Act (P.A. 91-920, the "Act"), effective January 1, 2001, is intended to provide for consistent tax processes in the imposition and collection of certain "locally imposed and administered taxes" (expressly excluding real property taxes under the Property Tax Code or fees, other than infrastructure maintenance fees).
Tort immunity and the Human Rights Act
An interesting question not yet definitively determined is whether municipalities are entitled to the protection afforded by the Illinois Local Government and Governmental Employees Tort Immunity Act (hereinafter referred to as the Illinois Tort Immunity Act), 745 ILCS 10/1 et seq., in complaints under the Illinois Human Rights Act.