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

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Newsletter articles from 2001

Application of Prevailing Wage Act to grant recipients of Illinois First monies By David J. Gerber and Danielle LaChance-Yates July 2001 The Prevailing Wage Act applies to construction projects undertaken by non-governmental entities which receive public funds for furnishing services to the public or which receive grants from governmental agencies.
Attorney general issues opinions affecting units of local government By Lynn Patton August 2001 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2000)), 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 March 2001 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 1998)), 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.
Constitutional challenges to municipal administrative adjudicatory systems By Angela R. Hall November 2001 Systems of administrative adjudications are an effective method of resolving some of the backlog of cases in the Illinois courts.
A county’s authority to regulate wireless communication facilities By Charles Prorok July 2001 Every time that I drive from Rockford to Chicago on Interstate 90, there seem to be more "cell towers" or wireless telecommunication facilities.
Local government Web sites and the First Amendment By David J. Fish November 2001 Many local governmental bodies now have excellent Web sites that are the equivalent of a virtual village hall. Residents can download permit applications, obtain information about public officials, and even access local ordinances.
Of petition objections and election contests: the courts readdress election code intricacies By Shawn P. Flaherty February 2001 Perhaps no code of statutes in the Illinois Compiled Statutes stimulates more analysis and hand wringing over hypertechnicalities than the Illinois Election Code.
Opening the Meetings Act to reality—abolishing the “Rule of Two” By Richard G. Flood and Stewart H. Diamond June 2001 "When you define meetings by the number of participants you set the participants up to skirt the law." Anchorage Daily News at B3 (October 23, 1992)
A primer on the Fair Labor Standards Act By Scott Uhler June 2001 The information in this article is basic to an understanding of labor law, and can be shared with administrators of public entities and their human resources directors
Protecting “mom & pop” or violating the commerce and due process clauses By David J. Silverman February 2001 The explosion of the Internet and the resultant growth in "e-commerce" has triggered a renewed debate about taxation of remote sellers and its interplay with the Commerce and Due Process clauses of the United States Constitution.
Recent decisions of interest By John H. Brechin May 2001 Shaw Industries v. Community College District No. 515 (First District, December 12, 2000) involved a claim by Shaw that the defendant's failure to require the procurement of a payment bond from its contractor, Prairie State Associates, breached its contract.
Regulating nude dancing By Patricia M. Moser January 2001 Since the United States Supreme Court's 1991 decision in Barnes v. Glen Theatre, the Court has upheld the broad power of state and local governments to regulate nude dancing.
Robert’s Rules in the 21st Century By Phil Reiman April 2001 As digital communication filters into more and more of our lives, we begin to expect more from it. As one author put it, "technology is becoming less revolutionary."
SB 1028—Citizens Equal Access to Justice Bill of 1999— a developer’s dream and a local government nightmare January 2001 SB 1028 is misleadingly titled: "Citizens Equal Access to Justice Bill of 1999." If enacted, this bill will allow developers or citizens whose private property rights have allegedly been "adversely affected" by an action or inaction of a local authority, to file a lawsuit under 42 U.S.C. section 1983 without having first exhausted available state remedies
Second District declares right to cross-examination in zoning hearings By Christian Spesia March 2001 A recent decision by the Second District Appellate Court in People ex rel. Klaeren v. Village of Lisle, No. 2-99-1256 (October 13, 2000) holds that statutory procedural requirements provide a right for cross-examination of witnesses in municipal zoning hearings.
A shock to the system By Robin L. Perry April 2001 "The General Assembly finds that timely attention in medical emergencies saves lives, and that trained use of automated external defibrillators in medical emergency response can increase the number of lives saved.
The unintended ramifications of the SWANCC decision: Local regulation of isolated waters By David W. McArdle and E. Regan Daniels Shepley 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.