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

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Newsletter articles from 2003

Attorney General issues opinions affecting units of local government By Lynn Patton December 2003 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2002)), 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 April 2003 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.
Basic workers’ compensation law for local governments By Daniel S. Wellner December 2003 Approximately 60 percent of any municipality's liability dollars are spent to pay workers' compensation benefits to injured employees.
Beyond Klaeren—The even newer world of zoning June 2003 Our March 2003 edition of the newsletter included two articles on the recent decisions by the Supreme Court in Klaeren and the Second District Appellate Court in Gallik.
Case note By Alfred M. Swanson, Jr. October 2003 Tort Immunity Act limitations period does not apply to construction. Hager v. II In One contractors, Inc., The City of Chicago, and Public Building Commission, 1-01-4222, September 5, 2003; Reid, J.
Case study: Employing complex financial and operative techniques to keep a troubled TIF afloat: Sauk Village’s experience with its own TIF III By Lou Vitullo and Brandon Hummel October 2003 Sauk Village's ("Village") experience with its third tax-increment financing district ("TIF III") provides invaluable insight into how a municipality can use creative operational and financial techniques to steer a TIF through economically trying times and ultimately to financial recovery.
High-tech hits home: Can local government officials use electronic communication tools without violating the sunshine laws? By Alfred M. Swanson, Jr. and Sharon L. Eiseman February 2003 It is the public policy of this State that public bodies exist to aid in the conduct of the people's business and that the people have a right to be informed as to the conduct of their business.
House bills passed September 2003 Statements or expressions of opinion or comments appearing herein are those ofthe editors or contributors, and not necessarily those of the association or section.
How a municipality should handle dangerous/vicious dogs in Illinois: Statutes, ordinances, insurance and policies By Jeffrey D. Lester and Maureen E. Riggs August 2003 Breaking news throughout the country, dangerous and vicious dogs have generated dramatic headlines and snatched space in newspapers and other broadcast media through a series of sometimes fatal attacks, including felony convictions for reckless owners.
Local governments may not always impose its regulations and fees on other local governments By Michael J. Lecher and David W. McArdle January 2003 Depending on your point of view, the Illinois appellate court for the Second District recently either struck a blow to the regulatory power of local governmental units or it clarified the power of state agencies in County of Lake ex. Rel. Lake County Stormwater Management Com'n v. Fox Waterway Agency, 326 Ill.App.3d 100, 759 N.E.2d 970, 259 Ill.Dec. 909 (2nd Dist. 2001).
Local governments permitted to benefit from IDOT’S quick-take powers By Phillip B. Alfeld June 2003 In a recent opinion, the Fifth District Appellate Court firmly rebuffed a landowner's challenge to the Illinois Department of Transportation's use of its "quick-take" authority in an eminent domain case.
Mechanics Liens and lienable acts By David J. Gerber January 2003 Luise, Inc v. The Village of Skokie, et. al. and Berkeley Trucking v. The Village of Skokie, et. al. are cases that went to the Fifth Division Court of Appeals on a consolidated appeal earlier this year.
Municipal development agreements: A call for much-needed legislation By John B. Murphey February 2003 The Municipal Zoning Act needs to be amended. Now. Legislation needs to be enacted granting non-home rule municipalities the authority to enter into development agreements.
The new definition of zoning: Chaos (at least until tomorrow) By Robin L. Perry July 2003 On April 17, 2003, the Illinois Supreme Court issued an opinion which at first seems harmless, but after a more thorough read further complicates the law of zoning. Hawthorne v. Village of Olympia Fields et al., No. 93462, 2003 WL 1889613 (Ill. Apr. 17, 2003)
A new era in land use, Klaeren & Gallik By Pat Lord March 2003 Historically, the standard of review of a decision to grant or deny a petition for a special use permit has been whether the government action is arbitrary, capricious or unrelated to the public health, safety and morals.
Post-Klaeren judicial review of site-specific zoning decisions by legislative bodies By Daniel P. Blondin March 2003 The purpose of this article is to analyze the impact of recent decisions by the Illinois Supreme Court in City of Chicago Heights v. Living Word Outreach Full Gospel Church & Ministries, Inc., 196 Ill.2d 1, 255 Ill.Dec. 434, 749 N.E.2d 916 (2001) and Klaeren v. Village of Lisle, 202 Ill.2d 164, 781 N.E.2d 223, 269 Ill.Dec. 426 (2002) on the following:
Potential disclosure requirements for outside counsel hired by municipalities to investigate allegations of internal wrongdoing By Leslie Hairston and Frank M. Adams April 2003 With the advent of media scrutiny of outside counsel being hired by State and Local Government entities to investigate allegations of wrongdoing by their government agencies, the documents generated during such representation might be exposed to media and litigation discovery requests at any given time.
The process of siting a municipal waste transfer station or landfill By David W. McArdle August 2003 Siting municipal or county waste transfer stations and landfills presents unusual problems for local governments.
The role of a municipal attorney in employee discipline hearings By Paul N. Keller July 2003 When a municipal employee is charged with misconduct which will result in a disciplinary hearing before a board of fire and police commissioners or civil service commission, the municipal attorney may be called upon to play several roles in the process.
Romine v. Village of Irving, 5-01-0798, January 15, 2003 By Alfred M. Swanson, Jr. February 2003 After John and Dixie Osborne dropped their sons at a reunion in Irving, they drove to a tavern where each consumed about 12 bottles of beer.