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

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Newsletter articles from 2002

2001 key municipal issues February 2002 The Illinois Municipal League has prepared a summary of the pertinent bills in categorical order that impact units of local government.
An alternative tool for economic revitalization—the business district development and redevelopment statute By Michael T. Jurusik July 2002 The Business District Development and Redevelopment statute (business district statute) is found at (65 ILCS 5/11-74.3).
Attorney general issues opinions affecting units of local government By Lynn Patton November 2002 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 2002 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.
Audit law amended By Phillip B. Lenzini November 2002 On June 26, 2002, Governor Ryan signed into law Public Act 92-0582 (previously H.B. 6034) altering the audit requirements for local governmental units.
Eminent domain in Illinois: 2002 developments By John H. Brechin December 2002 In this past year the Illinois courts have provided a significant number of important decisions concerning eminent domain.
FOIA and technology—When will they converge? By David J. Silverman October 2002 Recently, the Houston Chronicle requested a computerized copy of records on Texas' 12 million drivers.
House Bill 3098—certification of closed meetings—dies By Pat Lord March 2002 On February 8, 2002, Governor Ryan issued an amendatory veto to House Bill 3098.
Indemnification of local governmental officials and employees By Charles Prorok October 2002 A deputy sheriff is involved in an automobile accident while on routine patrol.
Letter from the chair: LGL cooks! March 2002 On February 8, our section council had a most unusual meeting. In spite of everything that follows, real business was actually transacted at this meeting, but in a very novel setting.
More municipal dollars down the drain: the unfunded mandate of Federal phase II stormwater regulations By Jeffrey D. Lester April 2002 Many local governments in Illinois are burdened with antiquated storm sewer systems badly in need of repair or replacement in spite of ever dwindling financial resources.
“NEW BUSINESS” takes on a new meaning By Robin L. Perry March 2002 A recent opinion by the Fourth District Appellate Court has created quit a stir among local government attorneys.
Recent decisions of interest By Michael T. Jurusik September 2002 Whether requiring church to install sprinkler system is a violation of the State Constitution guaranteeing freedom of worship and liberty of conscience.
Significant recent case law affecting fire departments and fire protection districts By Shawn P. Flaherty and Thomas Gilbert May 2002 The following is a review of those significant case law decisions issued in 2001 that affect Illinois fire departments and fire protection districts.
The tune of the ADA song as applied to local government employment and land use regulation in the seventh circuit: “the side with the best evidence wins.” By Jeffrey D. Lester July 2002 In two recent seventh circuit cases involving the Americans with Disabilities Act (ADA) and local government, the Seventh Circuit Court of Appeals sang a dominant theme, irrespective of the "title" of the Act involved: the most in-tune evidence won each case.
Unemployment claim collaterally estopped By Phillip B. Lenzini November 2002 On July 15, 2002, the appellate court (First District, Third Division) denied rehearing in the case of Village of Oak Park v. Illinois Department of Employment Security, 265 Ill.Dec. 580, 772 N.E.2d 951 (Ill.App.1 Dist. 2002).
What constitutes a “prevailing party” for determining who pays attorney fees? An end to the catalyst theory andfee-shifting in light of the Buckhannon case By James E. Schrempf and Julie Harper September 2002 Under the "American Rule," parties have historically been held responsible for paying their own attorney fees absent some particular statute, regardless of whether or not they prevailed in their claims