Section Newsletters

Articles on Local Government

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.
Unemployment claim collaterally estopped By Phillip B. Lenzini Local Government Law, November 2002 On July 15, 2002, the appellate court (First District, Third Division) denied rehearing in the case of Village of Oak Park v. Illinois Department of Employment Security, 265 Ill.Dec. 580, 772 N.E.2d 951 (Ill.App.1 Dist. 2002).
Recent decisions of interest By Michael T. Jurusik Local Government Law, September 2002 Whether requiring church to install sprinkler system is a violation of the State Constitution guaranteeing freedom of worship and liberty of conscience.
What constitutes a “prevailing party” for determining who pays attorney fees? An end to the catalyst theory andfee-shifting in light of the Buckhannon case By James E. Schrempf & Julie Harper Local Government Law, September 2002 Under the "American Rule," parties have historically been held responsible for paying their own attorney fees absent some particular statute, regardless of whether or not they prevailed in their claims
An alternative tool for economic revitalization—the business district development and redevelopment statute By Michael T. Jurusik Local Government Law, July 2002 The Business District Development and Redevelopment statute (business district statute) is found at (65 ILCS 5/11-74.3).
The tune of the ADA song as applied to local government employment and land use regulation in the seventh circuit: “the side with the best evidence wins.” By Jeffrey D. Lester Local Government Law, July 2002 In two recent seventh circuit cases involving the Americans with Disabilities Act (ADA) and local government, the Seventh Circuit Court of Appeals sang a dominant theme, irrespective of the "title" of the Act involved: the most in-tune evidence won each case.
More municipal dollars down the drain: the unfunded mandate of Federal phase II stormwater regulations By Jeffrey D. Lester Local Government Law, April 2002 Many local governments in Illinois are burdened with antiquated storm sewer systems badly in need of repair or replacement in spite of ever dwindling financial resources.
Attorney general issues opinions affecting units of local government By Lynn Patton Local Government Law, August 2001 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2000)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties.
Opening the Meetings Act to reality—abolishing the “Rule of Two” By Richard G. Flood & Stewart H. Diamond Local Government Law, June 2001 "When you define meetings by the number of participants you set the participants up to skirt the law." Anchorage Daily News at B3 (October 23, 1992)
Attorney general issues opinions affecting units of local government By Lynn Patton Local Government Law, March 2001 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 1998)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties.
SB 1028—Citizens Equal Access to Justice Bill of 1999— a developer’s dream and a local government nightmare Local Government Law, January 2001 SB 1028 is misleadingly titled: "Citizens Equal Access to Justice Bill of 1999." If enacted, this bill will allow developers or citizens whose private property rights have allegedly been "adversely affected" by an action or inaction of a local authority, to file a lawsuit under 42 U.S.C. section 1983 without having first exhausted available state remedies
County reapportionment By Charles Prorok Local Government Law, December 2000 The general election on November 7, 2000 will be the last election under current county reapportionment plans.
Taxpayers’ Bill of Rights By Kurt P. Froehlich Local Government Law, December 2000 The Local Government Taxpayers' Bill of Rights Act (P.A. 91-920, the "Act"), effective January 1, 2001, is intended to provide for consistent tax processes in the imposition and collection of certain "locally imposed and administered taxes" (expressly excluding real property taxes under the Property Tax Code or fees, other than infrastructure maintenance fees).
Requests for access to municipal right of way in Illinois by private interests: a license to use By Jeffrey D. Lester Local Government Law, October 2000 Over the years, most local governments have learned the general legal rule that a government may not lease its rights of way to private persons or organizations for purely private, exclusive uses.
Attorney general issues opinions affecting units of local government By Lynn Patton Local Government Law, September 2000 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 1998)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties.
Can a bank foreclose on an annexation agreement? By Christian Spesia Local Government Law, March 2000 The Village Administrator calls to tell you that the Village has been named a defendant in a mortgage foreclosure suit.
Challenging a highway commissioner’s failure to discharge his statutory obligations—can you win? By Jeffrey A. Mollet Local Government Law, February 2000 As the world becomes more complicated, our laws tend to expand in what is often a response to the modernization of our world.
An overview of the Freedom of Information Act By Roger Huebner Local Government Law, January 2000 Recent press reports have criticized public bodies for supposed non-compliance with provisions of Illinois' Freedom of Information Act (FOIA). In fact, even before the next regular session of the General Assembly, there is legislation pending to amend FOIA.
Are you insured when the circus comes to town? By E. Regan Daniels Shepley Local Government Law, December 1999 Every town sees them­permit requests from organizations sponsoring a circus, carnival, festival or other "special event."
A guide to annexations and annexation procedures By Sharon L. Eiseman Local Government Law, December 1999 Division 1 of Article 7 of the Illinois Municipal Code (65 ILCS 5/7-1-1, et seq.) provides for several means of annexing property to a municipality. The following outline is intended as a guide for municipal staff and officials.
What might lie ahead with Illinois RFRA By Janet N. Petsche & Eric J. Fuglsang Local Government Law, November 1999 "Will police officers be allowed to refuse to guard abortion clinics based on their religion?"
State Gift Ban Act—Attorney General Opinion By Lynn Patton Local Government Law, August 1999 Recently, Attorney General Jim Ryan issued an opinion regarding the implementation of the provisions of the State Gift Ban Act (added by Public Act 90-737, effective January 1, 1999, to be codified at 5 ILCS 425/1 et seq.)
The death knell of the deliberative process privilege in Illinois By Patricia M. Moser Local Government Law, July 1999 The deliberative process privilege has long been recognized by the federal courts.
The nonending power struggle: County board vs. elected officers By Pat Lord Local Government Law, June 1999 The relationship between a county board and a county's elected officers (the auditor, circuit clerk, county clerk, state's attorney, treasurer, coroner, sheriff and recorder) is a legal set-up for continuous power struggles.
Proceed with caution in condemnation actions By Jeffrey A. Mollet Local Government Law, June 1999 A recent decision from the appellate court for the Second District may cause municipalities to proceed with more caution in pursuing condemnation actions.

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