Enforceability of contractual severance provisions in the public sectorBy John H. BrechinLocal Government Law, February 2008In Village of Oak Lawn v. Faber, 1-06-2622, decided December 21, 2007, the 1st District Appellate Court considered whether a severance package offered to Mr. Faber passed legal muster.
Eminent domain updateBy John H. BrechinLocal Government Law, December 2007Two recent decisions should be of interest to attorneys whose practice involves any aspect of eminent domain law.
Following up…By John H. BrechinLocal Government Law, July 2007In our May newsletter, I reported on the United States Supreme Court decision in Garcetti v. Ceballos, as well as subsequent cases decided in the (Fifth, Sixth, Seventh and Tenth) Circuit Courts of Appeals.
Inverse condemnation in the Illinois courtsBy John H. BrechinLocal Government Law, June 2007Inverse condemnation refers to a claim by a property owner that government through its regulations has substantially reduced the value of the owner’s property.
Prevailing parties and attorney feesBy John H. BrechinLocal Government Law, June 2007In the January 2007 Local Government Newsletter, we reported on the decision of the Second District Appellate Court in the case of City of Elgin v. All Nations Worship Center, 369 Ill.App.3d 664 (2006).
Public employee free speech rights—Are there any left after Garcetti?By John H. BrechinLocal Government Law, May 2007The Garcetti decision disturbed earlier precedent which had established that a public body cannot condition public employment on a basis that infringes on an employee’s constitutionally protected interest in freedom of expression.
Recent cases relating to employment lawBy John H. BrechinLocal Government Law, May 2007Two cases involving employment law issues were recently decided. In Kelley v. Sheriffs Merritt Commission, the Second District Appellate Court considered the issue of the permissible use of polygraph examinations in investigation and whether the failure of an officer to submit to such an examination is cause for discipline.
E-mail use—When does it constitute a meeting?By John H. BrechinAdministrative Law, April 2007Public Act 94-1058 effective January 1, 2007, amends the Open Meetings Act and specifically authorizes members of a public body to attend meetings of that public body without being physically present at the site of the meeting.
Incompatibility of officesBy John H. BrechinLocal Government Law, March 2007The recent Second District Appellate Court decision in People ex. rel. Barsanti v. Scarpelli addresses the issue of whether the offices of Village Trustee and Township Park District Commissioner are incompatible.
E-mail use—When does it constitute a meeting?By John H. BrechinLocal Government Law, January 2007Public Act 94-1058 effective January 1, 2007, amends the Open Meetings Act and specifically authorizes members of a public body to attend meetings of that public body without being physically present at the sight of the meeting.
Impoundment of motor vehiclesBy John H. BrechinLocal Government Law, January 2007On November 16, 2006, the United States District Court entered its decision in this case involving a traffic stop by a Waukegan policeman.
ZoningBy John H. BrechinLocal Government Law, January 2007Recent cases related to zoning.
Case noteBy John H. BrechinLocal Government Law, December 2006Hammond v. Firefighters Pension Fund, No. 2-06-0133 and 2-06-0187 November 29, 2006 The Second District Appellate Court recently reviewed the decision of the Defendant Board to award the Plaintiff a non-duty disability pension and to deny him a line of duty disability pension.
Zoning and religious uses—Vision Church v. Village of Long GroveBy John H. BrechinLocal Government Law, December 2006Vision Church was an Illinois religious corporation whose membership totaled approximately 120 persons. Prior to 1999, Vision was located in Park Ridge but began looking for a new church site, and expecting its membership to grow significantly, desired a larger facility.
Case noteBy John H. BrechinLocal Government Law, September 2006The Calibraro case involved a firefighter/paramedic employed by Buffalo Grove who made application for a disability pension.
Public employees’ free speech rightsBy John H. BrechinLocal Government Law, July 2006The United States Supreme Court on May 30, 2006, issued its decision in Garcetti v. Ceballos involving the question of whether the First Amendment protects a government employee from discipline based on speech made pursuant to and in the course of the employee’s official duties. Ceballos was a Los Angeles County Deputy District Attorney who exercised supervisory responsibilities over other lawyers.
Recent decisions of interestBy John H. BrechinLocal Government Law, May 2006Plaintiff’s employment as a County Sheriff’s corrections officer was terminated effective May 23, 2003.
Casenote—Use of background checksBy John H. BrechinLocal Government Law, October 2005Sroga v. Personnel Board of the City of Chicago points out the need for a background check to thoroughly examine any arrest, even those not technically resulting in a conviction because of the imposition of court supervision.
Case notesBy John H. BrechinLocal Government Law, August 2005Bensenville notified Plaintiff of its intent to enforce the amortization provisions of its zoning ordinance, reasoning that Plaintiff's use of the property as a wrecking yard was a non-conforming use.
Current legislationBy John H. BrechinLocal Government Law, July 2005Over 6,100 Bills were filed in the current session of the General Assembly.
Recent litigation of interestBy John H. BrechinLocal Government Law, July 2005Chicago brought an action alleging violations of its Building Code.
Eminent domain-Can amortization constitute just compensation?By John H. BrechinLocal Government Law, April 2005The Second District Appellate Court recently considered this question in Lamar Whiteco Outdoor Corporation v. City of West Chicago decided February 8, 2005.
Eminent domain-BillboardsBy John H. BrechinLocal Government Law, February 2005Lamar Advantage v. Addison Park District involved the issue of whether the required removal of a billboard triggers the right to just compensation for the owner of the billboard.
Klaeren-One Last Time?By John H. BrechinLocal Government Law, December 2004On October 12, 2004 the Second District Appellate Court issued its opinion affirming the trial court's grant of summary judgment to the Plaintiffs and its denial of Plaintiffs' Motion for Leave to File an Amended Complaint and petition for attorney fees.
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