Subject Index Municipal Law

Courts need not balance the equities when enjoining a subservient estate from interfering with a dominant estate’s easement access

September
2023
Illinois Law Update
, Page 16
On June 7, 2023, the Fourth District of the Illinois Appellate Court held that a court need not balance the equities when enjoining a subservient estate from intentionally interfering with a dominant estate’s access to an easement.

Notices of red-light violations without certain information required by Municipal Code valid as notices that substantially comply, and plaintiffs were not prejudiced

March
2023
Illinois Law Update
, Page 20
On Dec. 20, 2022, the First District of the Illinois Appellate Court held that red-light camera notices of violation (NOV) not containing all information required by the Municipal Code were nonetheless valid for substantial compliance.

A municipality may not initiate interlocutory appeals under Illinois Supreme Court Rule 604(a)

November
2022
Illinois Law Update
, Page 18
On Aug. 8, the Second District of the Illinois Appellate Court held that municipalities may not initiate interlocutory appeals.

Fire alarm testing requirement not a violation of condominium residents’ Fourth Amendment rights

September
2022
Illinois Law Update
, Page 16
On June 21, 2022, the Second District of the Illinois Appellate Court held that requiring a private company to conduct an annual fire alarm inspection was not a violation of a condominium association’s Fourth Amendment rights.

Home-rule governments limited in the context of transportation spending

July
2022
Illinois Law Update
, Page 14
On April 21, the Illinois Supreme Court held that home-rule units were properly limited by the Safe Roads Amendment to the Illinois Constitution in the context of transportation spending.

Illinois municipalities required to coordinate 911 and 988 services

March
2022
Illinois Law Update
, Page 18
The Illinois General Assembly enacted the Community Emergency Services and Support Act. This Act requires Illinois municipalities to coordinate 911 and 988 services.

City may not evaluate police officers’ job performance based on the issuance of citations

February
2021
Illinois Law Update
, Page 14
On Nov. 19, 2020, the Illinois Supreme Court held that a city may not evaluate a police officer’s job performance based on the number of citations the officer has issued.

Supreme Court’s 2016 decision to abolish public-duty rule applies only prospectively

February
2021
Illinois Law Update
, Page 14
On Nov. 19, 2020, the Illinois Supreme Court held that its abolishment of the public-duty rule in Coleman only applies prospectively.

An ordinance’s plain language determines whether it imposes a fee or a fine

November
2020
Illinois Law Update
, Page 18
On Aug. 26, 2020, the Fifth District of the Illinois Appellate Court found that a municipal ordinance provided for a fee rather than a fine in light of the plain language of the ordinance.

Private parties can bring suit for violations of § 13-72-030 of the Chicago Municipal Code

January
2016
Illinois Law Update
, Page 18
Plaintiffs sued LAB Townhomes alleging: (1) breach of the implied warranty of habitability; (2) fraud; (3) negligence; (4) breach of section 13-72-030 of the Chicago Municipal Code's prohibition against misrepresenting material facts in the course of marketing and selling real estate; and (5) breach of a fiduciary duty.

Do municipalities have to follow the One Day Rest in Seven Act?

July
2015
Article
, Page 29
Q. My client, a municipality, must have water tested every day. Are they subject to the consecutive-work-day limits of the One Day Rest in Seven Act?

Illinois Supreme Court strikes down regulations on the situs for local sales taxes

February
2014
Illinois Law Update
, Page 68
On November 21, 2013, the Illinois Supreme Court held that certain Illinois Department of Revenue ("DOR") regulations setting situs for tax liability under retail occupation taxes ("ROTs") where purchase orders are accepted were invalid.

Municipal regulation of wind energy systems

February
2014
Illinois Law Update
, Page 68
The Illinois Municipal Code has been amended to allow municipalities to enact new prohibitions on certain wind energy systems.

Aldermen’s texts, tweets during council meetings are ‘public records’

By Adam W. Lasker
December
2013
LawPulse
, Page 606
Put your phone down as soon as the meeting starts, a lawyer for local officials counsels his clients in the wake of City of Champaign v. Lisa Madigan.

Affordable Housing Planning and Appeal Act regulations specify appeals process for developers

July
2013
Illinois Law Update
, Page 336
Newly enacted regulatory provisions, effective March 29, 2013, authorize the Illinois Housing Development Authority to adopt rules implementing the responsibilities of the State Housing Appeals Board (the "Board") under the Affordable Housing Planning and Appeal Act, 310 ILCS 67/60.

Home rule rules, says the Illinois Supreme Court

By Adam W. Lasker
June
2013
LawPulse
, Page 278
Ordinances enacted by home rule municipalities trump state statutes unless the state expressly exercises exclusive control, the supreme court rules in a condo case.

Municipalities may use automated speed enforcement systems in safety zones. PA 097-0672

April
2012
Illinois Law Update
, Page 184
Illinois lawmakers have amended the Vehicle Code to authorize municipalities with at least one million residents to install and operate automated speed enforcement systems in safety zones.

Corporate authorities of townships may provide for disposal of brush and leaves. PA 097-0417

January
2012
Illinois Law Update
, Page 16
The Township Code has been amended to authorize corporate authorities of a township to provide funds, by ordinance, for the collection, transportation, and disposal of brush and leaves within the unincorporated parts of the township. 60 ILCS 1/210-7 new.

New rules for prosecuting local ordinance violations

By Helen W. Gunnarsson
January
2012
LawPulse
, Page 10
The new supreme court rules bring consistency to ordinance violation proceedings around the state, a proponent says.

No referendum required for annexation under section 7-1-8 of the municipal Code

May
2008
Illinois Law Update
, Page 236
On February 26, 2008, the Illinois Appellate Court, Second District, affirmed the order of the Circuit Court of Kendall County denying the plaintiff's complaint for a mandamus order.

Court authorizes cities to ban alcohol sales in strip clubs

By Helen W. Gunnarsson
November
2006
LawPulse
, Page 578
The Illinois Supreme Court upholds a Chicago ordinance banning the sale of alcoholic beverages at "gentleman's clubs."

Strict compliance required under Transit Act

October
2006
Illinois Law Update
, Page 526
On July 25, 2006, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, dismissing the plaintiff's complaint for failure to comply with the statutory notice requirements of section 41 of the Metropolitan Transit Authority Act (Transit Act). 70 ILCS 3605/41.

Municipal Sign Ordinances: Three Common Constitutional Flaws and Their Solutions

By Kara N. Lundy
September
2006
Article
, Page 490
Here's how counsel for municipalities can cure three common sign-ordinance infirmities.

Bill would amend Open Meetings Act to address attendance by “electronic means”

By Helen W. Gunnarsson
August
2006
LawPulse
, Page 398
Proposed legislation would allow public officials to attend meetings electronically under specified circumstances. 

Police and firefighters’ duties must be kept separate -PA 094-720

March
2006
Illinois Law Update
, Page 118
The Illinois Municipal Code was amended by adding section 10-3-3.1, 65 ILCS 5/10-3-3.1, in order to make distinct the duties of police officers and firefighters.

New guidelines for adult entertainment facilities PA 093-1056

March
2005
Illinois Law Update
, Page 116
Effective November 23, 2004, the Counties Code (55 ILCS 5) was amended by changing section 5-1097.5 to prohibit adult entertainment facilities from locating within 3,000 feet of the property boundaries of any school, day care center, cemetery, public park, forest preserve, public housing, and place of religious worship.

Unlawful entry is an “authorized act” by a peace officer within the meaning of the municipal ordinance of resisting or obstructing a peace officer

April
2004
Illinois Law Update
, Page 176
On January 21, 2004, the Appellate Court of Illinois, Fourth District, affirmed the judgment of the Circuit Court of Champaign County convicting the defendant of resisting or obstructing a peace officer. 

While municipality may adopt regulations imposing weight limitations on trucks or commercial vehicles within its jurisdiction, it must clearly post signs in order to provide motorists with reasonable notice

August
2003
Illinois Law Update
, Page 384
On May 20, 2003, the Appellate Court of Illinois, Fourth District, reversed the order of the circuit court of Macon County granting the city of Decatur.

Constitutional Challenges to Municipal Administrative Adjudicatory Systems

By Angela R. Hall
March
2003
Article
, Page 139
Do they succeed? It's possible but not likely, this author writes.

Fine schedule under village ordinance for parking and vehicle regulations, assessing late fees prior to hearing on merits of violation, a violation of due process

March
2003
Illinois Law Update
, Page 116
On December 13, 2002, the Appellate Court of Illinois, First District, reversed the order of the Circuit Court of Cook County and held that a village of Midlothian ordinance violated the due process clauses of the United States and Illinois Constitutions.

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