Section Newsletters

Articles on Local Government

ISBA Local Government Section Council Case Summaries From the March 29, 2023, Meeting By James Ferolo, Phil Lenzini, Matt Dione, Brian Flynn, Chris Jump, Lisle Stalter, Todd Flemming, & Josh Josh Local Government Law, May 2023 Summaries of recent cases of interest to local governmnet practitioners.
Recent PAC Opinions, Legislation, and Judicial Decisions Regarding FOIA and OMA By Michael T. Jurusik Local Government Law, May 2023 Summaries of recent opinions, legislation, and judicial decisions regarding the Freedom of Information Act and Open Meetings Act.
Brief Recap and Update Regarding the Illinois Local Fire and Police Pension Consolidation Law By Joe McMenamin Local Government Law, December 2022 An update on Public Act 101-0610, which consolidated the assets of hundreds of suburban and downstate public safety pension funds into two consolidated investment funds.
Flinn Report Abstract (November 28, 2022) Local Government Law, December 2022 A summary of amendments to the Open Space Lands Acquisition and Development Grant Program.
Recent IAG/PAC Opinions, Legislation, and Judicial Decisions Regarding FOIA and OMA By Michael T. Jurusik Local Government Law, December 2022 Summaries of recent opinions, legislation, and judicial decisions regarding the Freedom of Information Act and Open Meetings Act.
Recent AG/PAC Opinions, Legislation, and Judicial Decisions Regarding the Freedom of Information Act and the Open Meetings Act By Michael Jurusik Local Government Law, July 2022 Summaries of recent Freedom of Information Act and Open Meetings Act opinions, legislation, and judicial decisions.
City of Austin, Texas v. Reagan National Advertising of Austin, LLC, et al.: Does the Supreme Court Provide Clarification or Confusion for Local Governments? By Lisle A. Stalter Local Government Law, May 2022 In April, the U.S. Supreme Court issued its opinion in the City of Austin v. Reagan National Advertising of Austin, but the decision provides little specific direction for local governments on the extent to which off-premises sign regulation will be upheld.
End of 2022 Spring Legislative Session By Brad Cole Local Government Law, April 2022 A summary of the 2022 spring legislative session.
Short-Term Housing Rental Found to Violate R-1 Zoning Code By John M. O’Driscoll & Courtney Willits Local Government Law, April 2022 As vacation rental companies such as VRBO and AirBnb expand their property bases, it is important for municipal attorneys to understand what regulations are contained in zoning codes and how the courts have interpreted them.
Tax Increment Financing Concepts for the Future By Herbert J. Klein Local Government Law, March 2022 An overview of the numerous ways in which the Illinois Tax Increment Allocation Redevelopment Act authorizes cities, towns, and villages in Illinois to work with other taxing bodies and developers to use tax increment financing to stimulate local economic activity for the benefit of the entire community.
Case Summaries: October 2021 – January 2022 By Phil Lenzini, Matt Dione, Brian Flynn, Chris Jump, Lisle Stalter, Todd Flemming, & Josh Herman Local Government Law, February 2022 Summaries of recent cases of interest.
Illinois Supreme Court Invalidates Cook County Taxes on Firearms and Ammunition By Michael J. Smoron Local Government Law, February 2022 In Guns Save Life, Inc. v. Ali, the Illinois Supreme Court determined that Cook County’s ordinances imposing taxes on the retail purchase of firearms and ammunition, respectively, violated the uniformity clause of the Illinois Constitution.
Public Act 102-0694: Second ‘Safe-T Act’ Trailer Bill By Jason Blumenthal Local Government Law, February 2022 In January 2021, Governor Pritzker signed House Bill 3653, now known as Public Act 101-0652 or the Illinois Safety, Accountability, Fairness and Equity-Today Act, changing the landscape of criminal justice throughout Illinois.
Recent AG/PAC Opinions, Legislation, and Judicial Decisions Regarding FOIA and OMA By Michael T. Jurusik Local Government Law, February 2022 Summaries of recent Freedom of Information and Open Meetings Act opinions, legislation, and judicial decisions.
Pension Obligation Bonds By James Snyder & Shelly Scinto Local Government Law, June 2021 A primer on pension obligation bonds.
Criminal Justice Reform Omnibus Act (House Act 3653): Statewide Use of Force Standardization Act (The Safe-T Act, Public Act 101-0652) By Jim Ferolo & George Wagner Local Government Law, March 2021 An overview of some of the more significant provisions of the Statewide Use of Force Standardization Act affecting law enforcement activities and citizens’ rights.
Recent PAC and Court Opinions Regarding FOIA and OMA By Michael T. Jurusik Local Government Law, July 2020 Summaries of recent Freedom of Information Act and Open Meetings Act opinions.
Chicago Netflix Tax Upheld By Michael J. Smoron Local Government Law, February 2020 In Labell v. City of Chicago, the appellate court upheld the city’s amusement tax on streaming video, streaming audio, and online gaming services.
Communities Embracing Potential of Opportunity Zones By Jay Augustyn, Shelly A. Scinto, & James M. Snyder Local Government Law, December 2019 The Opportunity Zones incentive is a community investment tool established by Congress in the Tax Cuts and Jobs Act of 2017 to encourage long‑term private investments in low‑income urban and rural communities nationwide with the goal of developing those communities.
Amendment to the municipal code limits authority to appoint fire chiefs By Jennifer Gover Bannon Local Government Law, June 2019 SB 2619, which was signed into law in November 2018, expands the list of qualifications and certifications a person must possess in order to be appointed a fire chief, acting chief, department head, or other position responsible for day-to-day operation of a fire department.
Uncuff the fire and police pension funds By C. John McCauley Local Government Law, June 2019 In the event that the attempt at consolidation of downstate fire and police pension funds fails to become law, there is a substantial possibility that reamortization would be the only relief available.
Illinois Wage Payment and Collection Act amendment (P.A. 100-1094) and its impact on the Local Government Travel Expense Act By Phillip Lenzini Local Government Law, February 2019 Effective January 1, 2019, the Illinois Wage Payment and Collection Act was amended by P.A. 100-1094 to add an entirely new section for reimbursement of employee expenses.
Illinois local governments cannot pass their own ordinances regulating organized labor By Michael Cosgrove Local Government Law, December 2018 A summary of International Union of Operating Engineers Local 399 v. Village of Lincolnshire.
Manuel v. City of Joliet reconsidered by the seventh circuit on remand: Court rules that pretrial wrongful detention claim accrues at the end of detention By Yordana Wysocki Local Government Law, December 2018 The seventh circuit issued a decision in September on a statute of limitations issue in Manuel v. City of Joliet.
A new vague and contrived test for defining relevant property subject to regulatory takings claims By Aaron N. Gruen Local Government Law, May 2018 An overview of the recent U.S. Supreme Court’s decision in Murr v. Wisconsin and its new test for regulatory takings. 
Local governmental immunity for recreational property By Brian Murphy Tort Law, June 2013 The recreational property immunity is a powerful affirmative defense and a game changer of which attorneys for both plaintiffs and defendants should be aware.
An overview of TIF districts By Leslie Hairston Women and the Law, October 2008 The stated purpose of the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq. (West) hereinafter referred to as the TIF Act, in the State of Illinois is to provide a mechanism for local governmental units in Illinois to spur economic development, in specific geographic areas that are deteriorating and/or declining, by providing gap financing for projects that would not occur without such public assistance.
Political trademarks: Intellectual property in politics and government By Daniel Kegan Local Government Law, January 2005 Confusion, deception, and mistake are generally unlawful in marketing campaigns. 14 USC § 1125 (a) [Lanham Act § 43(a)].
Political trademarks: Intellectual property in politics and government By Daniel Kegan Intellectual Property, October 2004 Confusion, deception, and mistake are generally unlawful in marketing campaigns. 14 USC § 1125 (a) [Lanham Act § 43(a)].
Case note By Alfred M. Swanson, Jr. Local Government Law, October 2003 Tort Immunity Act limitations period does not apply to construction. Hager v. II In One contractors, Inc., The City of Chicago, and Public Building Commission, 1-01-4222, September 5, 2003; Reid, J.

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