The newsletter of the ISBA’s Section on Local Government Law
Browse articles by year: 2015 (5)
Newsletter articles from 2006
Annexation agreements: How enforceable are they?
The facts in this case are straightforward. On December 15, 1997, Robert W. Gaylor, Joanna A. Gaylor, Robert E. Gaylor and Morna K. Gaylor (hereinafter “Gaylors”) entered into an Annexation Agreement (hereinafter “Agreement”) with the Village of Ringwood, Illinois (hereinafter “Village”) to annex a 23.75 acre parcel of land.
Architect Selection - Fee Information
Commonly, when units of local government in Illinois seek the service of architects and engineers, they would like to obtain, along with other information regarding the architectural or engineering services, firm and credentials, information regarding the fee structure the architects or engineers propose to use.
Hammond v. Firefighters Pension Fund, No. 2-06-0133 and 2-06-0187 November 29, 2006 The Second District Appellate Court recently reviewed the decision of the Defendant Board to award the Plaintiff a non-duty disability pension and to deny him a line of duty disability pension.
The Calibraro case involved a firefighter/paramedic employed by Buffalo Grove who made application for a disability pension.
Feret v. Schillerstrom: Second District
It appears that if an ordinance, resolution or motion is adopted by a governmental body that was not previously listed on the agenda, the corrective step should include an express repeal of the earlier action and a new adoption of the matter properly agendized.
Local governmental entities not entitled to absolute immunity when a hazardous recreational activity is involved
On July 5, 2006 the Illinois Supreme Court issued a unanimous decision that when a hazardous recreational activity is involved, local governmental entities and their employees are held to a higher standard of care; therefore, pursuant to section 3-109 of the Tort Immunity Act, they are immune from liability for negligence, but subject to the exceptions found in section 3-109(c) of the Act. Murray v. Chicago Youth Center, et al., 2006 WL 1822656 (Ill. 2006).
Ownership of property within a TIF
An often-ignored standard of the TIF Act is the provision regarding conflicts of interest on the part of certain municipal officials, employees or consultants which may arise in connection with the designation of a Redevelopment Project Area.
Public employees’ free speech rights
The United States Supreme Court on May 30, 2006, issued its decision in Garcetti v. Ceballos involving the question of whether the First Amendment protects a government employee from discipline based on speech made pursuant to and in the course of the employee’s official duties. Ceballos was a Los Angeles County Deputy District Attorney who exercised supervisory responsibilities over other lawyers.
Recent decisions of interest
Plaintiff’s employment as a County Sheriff’s corrections officer was terminated effective May 23, 2003.
Zoning and religious uses—Vision Church v. Village of Long Grove
Vision Church was an Illinois religious corporation whose membership totaled approximately 120 persons. Prior to 1999, Vision was located in Park Ridge but began looking for a new church site, and expecting its membership to grow significantly, desired a larger facility.