Subject Index Municipal Law

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.

Municipal Administrative Courts: Speedy Justice at What Cost?

By Stanley R. Kaminski
January
2000
Article
, Page 46
Illinois’ new municipal administrative adjudication law raises concerns that the state has gone too far.

In malpractice action against local governmental entities, one-year limitation period of Tort Immunity Act applies

December
1999
Illinois Law Update
, Page 636
On October 21, 1999, the Illinois Supreme Court affirmed the judgment of the appellate court that the one-year limitation period in the Tort Immunity Act (745 ILCS 10/8-101 et seq (West 1996)).

Recreational Property and Injuries: “Playing” with Governmental Tort Immunity

By W. Bradley Colwell
December
1999
Article
, Page 654
The trend, according to this author, is to expand the range of property deemed recreational and thus to expand immunity.

City did not have a duty to construct road medians to be safe for use by emergency road vehicles

November
1999
Illinois Law Update
, Page 575
On September 23, 1999, the Illinois Supreme Court affirmed the appellate court's decision that the city of Chicago did not have a duty to construct road medians to be safe for use by emergency road vehicles.

The Lawyer’s Journal

By Bonnie McGrath
November
1999
Column
, Page 570
Watch out, HMOs.

Authority of Non-Home-Rule County to Borrow Money from a Financial Institution

May
1999
Illinois Law Update
, Page 244
On March 1, 1999, the Attorney General published an opinion on whether a non-home-rule county has the authority to borrow money from a financial institution and execute a multi-year installment note to secure the payment of the loan. Ill Atty Gen Op 99-002.

Part-Time Police Officers “Employed” by a Unit of Local Government

May
1999
Illinois Law Update
, Page 244
On March 3, 1999, the Attorney General published an opinion on two issues: (1) whether the use of the terms "employment'' and "employed'' in the definitions of the phrases.

Vindictive action equal protection cases do not require an “orchestrated campaign official harassment”

January
1999
Illinois Law Update
, Page 13
On November 12, 1998, the Seventh Circuit of the United States Court of Appeals reversed the district court's holding that Email v Macrane, 53 F3d 176 (7th Cir 1995), required an "orchestrated campaign official harassment'' motivated by "sheer malice'' in vindictive action equal protection claims.

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