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

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Newsletter articles from 2010

The Appellate Court, Second District, sheds some light on the Open Meetings Act By Phillip B. Lenzini February 2010 Petitioners were seeking to disconnect their territory within a year of forming this Village and in order to do so had to void in some way an intervening (and apparently “11th hour”) annexation of a parcel that would be rendered dis-contiguous if petitioners’ property was disconnected.
“Bring out your dead!”—Do Freedom of Information Act privacy exemptions survive death? By Heidi Steiner, Iain D. Johnston, and Yana Karnaukhov October 2010 There is some authority that suggests that the right to privacy is diminished with death. But there is no federal or state statutory authority, advisory manual, or case law that specifically prohibits such redaction of private information.
Case law summaries November 2010 Recent cases affecting municipal laws.
Case summaries By Zeke McCartney September 2010 Brief synopses of cases relating to municipal law.
The continuing expansion of the Public Safety Employee Benefits Act By Carlos S. Arévalo June 2010 The Legislature’s failure to specify its intentions will lead to further disputes between cash-strapped local governments struggling to meet the rising costs of operations and disabled safety employees trying to meet and keep up with increasing health care costs.
Dumber than dirt By Phillip B. Lenzini November 2010 A look at the recent case of Board of Education of Auburn Community Unit School District No. 10 v. Ill. Department of Revenue etc. et al.
The Fourth Amendment in the workplace: U.S. Supreme Court declines to define boundaries City of Ontario, California et al v. Quon et al, 130 S.Ct. 2619 (2010) By Paul N. Keller October 2010 The opinion in City of Ontario, California et al v. Quon et al is helpful in clarifying that even assuming a reasonable expectation of privacy exists, the employer may make a reasonable search for business related purposes, e.g., the efficient operation of the organization, or to discover work related misconduct.
History of township government By John W. Foltz February 2010 Township government has its origins in that checker-board system of local geography which a township map of Illinois depicts. The precise forms under which the people of Illinois are today governing themselves have been largely shaped by the history of the State.
Illinois appellate court affirms suppression of Garrity statements in police official misconduct case July 2010 In its decision, the Third District Appellate Court concluded that “the ‘Garrity Warnings’ standing alone are sufficient to support the application of Garrity immunity.”
Illinois local governments filing for Chapter 9 bankruptcies By W. Britt Isaly December 2010 Chapter 9 bankruptcy is now available to eligible units of local governments, by way of the “specific authorization” section of the Bankruptcy Code, Section 109(c).
Municipality successfully asserts estoppel By David J. Silverman and Jonathan C. Hughley September 2010 A review of the recent case of Humphrey Property Group LLC v. the Village of Frankfort.
Passalino—Round two in the Supreme Court By John H. Brechin June 2010 On April 22, 2010, the December judgment in Passalino v. City of Zion was modified while re-hearing concurrently was denied.
Public disclosure of public employee disciplinary records under Gekas v. Williamson and the 2009 amendments to the Freedom of Information Act By Michael D. Bersani October 2010 A discussion of the reasoning and holding in the recent Gekas v. Williamson decision, as well as whether any portion of Gekas will survive the 2009 amendments to the Freedom of Information Act.
Safety vs. sanctity—The balancing act of rental property inspections By Mark C. Palmer February 2010 The Fourth and Fourteenth Amendments to the United States Constitution safeguard the right of individuals against unreasonable searches. Although many variations exist in both the criminal and civil contexts, the governing principle is simple: "a search of private property without proper consent is 'unreasonable' unless it has been authorized by a valid search warrant."
Sea change in Illinois eminent domain law By Pat Lord December 2010 The difficulties that eminent domain petitioners face under the New Eminent Domain Act will likely be exacerbated by the recent case of Forest Preserve District of DuPage County v. First National Bank of Franklin Park et al.
TIF 101 By David J. Silverman September 2010 An explanation of Tax Increment Allocation Financing, arguably the most powerful economic redevelopment tool available to municipalities in Illinois.
Vested development rights By Steven D. Mahrt September 2010 The recently decided case of 1350 Lake Shore Associates v. Randall will make it more difficult for a developer to succeed on a vested rights claim.
What the local government attorney should know about Illinois environmental laws By Lisle A. Stalter May 2010 An overview of the environmental laws that impact a local government lawyer.
Who do I have to consult? A look at the Illinois Department of Natural Resources consult process By Lisle A. Stalter October 2010 A local government-DNR consult can be required for any construction activity, infrastructure (utility, road, sewer) alterations, discharge of pollutants into the air, water or land, re-zoning, and subdivision and development platting.
Zoning—Appropriate Standard of Review By John H. Brechin June 2010 In reviewing the case of Our Savior Evangelical Lutheran Church v. Saville, the Second District Appellate Court may have provided the last necessary answer to the question of the appropriate standard of review for a zoning decision.
Zoning—What notice is sufficient to satisfy due process? By John H. Brechin May 2010 In a recent decision, the Illinois Supreme Court held that the notice provided by the City of Zion in this zoning case did not satisfy due process requirements pursuant to the Illinois Municipal Code.