Publications

Articles on Municipal Law

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.

Of mangers and menorahs

By Helen W. Gunnarsson
December
2001
LawPulse
Page 620
When do religious holiday displays on public property pass constitutional muster?

Maintaining the proper alignment and surface of sidewalks is a non-delegable duty of the municipality, not the abutting landowner

September
2001
Illinois Law Update
Page 454
On July 13, 2001, the Appellate Court of Illinois, Third District, affirmed the circuit court's order dismissing third-party defendant, Ryan Rowe.

Illinois Constitution prohibits insertion of “corrupt or malicious motives” exception into the Tort Immunity Act

August
2001
Illinois Law Update
Page 398
On June 21, 2001, the Illinois Supreme Court reversed the lower court's holding that the common-law "corrupt or malicious motives" exception limited the immunity granted by the Tort Immunity Act, 745 ILCS 10/1-101 et seq, and that the village could be held liable in quasi-contract.

Annexation agreement between village and landowner takes precedence over another municipality’s ability to regulate land use within 1.5 miles of its boundaries

July
2001
Illinois Law Update
Page 342
On April 13, 2001, the Appellate Court of Illinois, Fourth District, affirmed the circuit court's holding that the village of Chatham's annexation agreement took precedence over the city of Springfield's ability to regulate land use pursuant to 65 ILCS 5/11-12-5.

“Sparklers” may soon be banned on public property; S.B. 523

June
2001
Illinois Law Update
Page 286
Municipalities may soon have the authority to pass ordinances prohibiting the use or sale of certain fireworks on public property.

“Compensatory damages” in section 9-102 of the Tort Immunity Act does not include attorney fees against municipalities

April
2001
Illinois Law Update
Page 170
On February 16, 2001, the Illinois Supreme Court responded to the question of whether § 9-102 of the Illinois Tort Immunity Act permits the recovery of attorney fees against municipalities within its definition of compensatory damages.

Administrative Adjudication Offers First-Class Justice

By James M. Reilly
March
2001
Article
Page 147
Municipal administrative adjudication works, says the director of Chicago's Department of Administrative Hearings.

Law requires expanded background checks for all potential employees of park and school districts; P. A. 91-885

February
2001
Illinois Law Update
Page 60
Gov. George H. Ryan approved legislation that mandates background checks of all applicants seeking employment at park districts or school districts.

Despite gubernatorial veto, General Assembly permissively approves sales taxes for all nonhome rule municipalities; P.A. 91-649

March
2000
Illinois Law Update
Page 128
Public Act 91-649 permissively approves sales taxes for all nonhome rule municipalities. Previously, a nonhome rule municipality needed at least 130,000 inhabitants to pursue a sales tax, which effectively precluded most proposals.

Pages

Select a Different Subject