The newsletter of the ISBA’s Section on Local Government Law
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Newsletter articles from 2003
Beyond Klaeren—The even newer world of zoning
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.
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.
House bills passed
Statements or expressions of opinion or comments appearing herein are those ofthe editors or contributors, and not necessarily those of the association or section.
Local governments may not always impose its regulations and fees on other local governments
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).
Mechanics Liens and lienable acts
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.
The new definition of zoning: Chaos (at least until tomorrow)
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
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
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:
The role of a municipal attorney in employee discipline hearings
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.