The newsletter of the ISBA’s Section on Local Government Law
Browse articles by year: 2013 (23)
Newsletter articles from 2009
Annual Town Meeting April 2009
Effective July 28, 2008, Public Act 95-761 amended Article 30, Annual Township Meetings, and provided new direction with regard to the notice and agenda provisions relating to annual and special township meetings.
Does the Illinois Open Meetings Act violate the First Amendment?
A federal appellate court has recently held that the enforcement of one of the cornerstone provisions of the Illinois Open Meetings Act (“Illinois OMA”)—that a majority of the quorum is the trigger for a meeting under the Act—is subject to a legal standard that may make it very difficult for this and similar provisions in other states to withstand constitutional scrutiny.
Equal protection—Class of one
The Seventh Circuit Court of Appeals recently announced its decision in Hanes v. Zurick on August 18, 2009.
The evolution of business districts
Local governments bear so much of the burden of the economic decline, its powers to participate in the efforts to restore economic viability should be strengthened.
Good news for adult use zoning restrictions
The 7th Circuit significantly advanced an already growing line of judicial authority and common sense that rejects the notion that each and every government zoning authority must provide space within its borders for adult uses.
On July 24, 2009, the Seventh Circuit Court of Appeals issued its decision in the case of Casna v. City of Loves Park.
Municipal financing strategies
An outline of the commonly encountered mechanisms for issuing multi-year debt obligations to finance municipal projects and certain short term money needs.
Supreme Court broadens law enforcement investigatory powers
In an historical decision rendered on January 26, 2009, the United States Supreme Court in Arizona v. Johnson, unanimously upheld the authority of the police to “stop and frisk” a passenger detained pursuant to a valid traffic stop, when the officer reasonably suspects that the person is armed and dangerous but does not suspect criminal activity.
Transparency and the Open Meetings Act
Despite the fact that the Supreme Court recognized the need for transparent government in 1860, this policy was not codified as the Open Meetings Act until 1957, and the Freedom of Information Act was not enacted by the legislature until 1984.