Articles on Local Government Law

ISBA Local Government Law Section Council Case Summaries for June 9, 2023, Meeting By James Ferolo, Phil Lenzini, Matt Dione, Brian Flynn, Chris Jump, Lisle Stalter, Todd Flemming, & Josh Herman Local Government Law, October 2023 Summaries of recent cases of interest to local government practitioners.
Police Have No Obligation to Protect Participants in a Gunfight, Even if the Battle Occurs in View of the Courthouse By Yordana Wysocki Local Government Law, October 2023 A summary and analysis of Andrade v. City of Kankakee.
Recent IAG/PAC Opinions, Legislation, and Judicial Decisions Regarding FOIA and OMA By Michael T. Jurusik Local Government Law, October 2023 Summaries of recent opinions, legislation, and judicial decisions regarding the Freedom of Information Act and Open Meetings Act.
City Immune for Downzoning Property By Michael Smoron Local Government Law, March 2023 In Strauss v. City of Chicago, the Illinois Supreme Court determined that an alderman maliciously threatening to downzone a property and the city’s actions to downzone the property fell under the umbrella of immunity under sections 2-109 and 2-201 of the Tort Immunity Act.
Illinois Second District Appellate Court Affirms Police and Fire Pension Consolidation Law By Joe McMenamin Local Government Law, March 2023 In Arlington Heights Police Pension Fund et al v. Pritzker, the appellate court affirmed the constitutionality of Public Act 101-0610, which created the Firefighters’ Pension Investment Fund and the Police Officers’ Pension Investment Fund.
Recall Mechanism Must Be in Place Prior to Recall Referendum By Michael J. Smoron Local Government Law, March 2023 In Henyard v. Municipal Officers of the Village of Dolton, the appellate court considered an issue of first impression: whether Illinois voters may recall their local elected officials.
ISBA Local Government Section Council Case Summaries for the December 3, 2020, Meeting Local Government Law, December 2020 Case summaries of interest to local government law practitioners.
Case summaries By James Ferolo, Sonni Choi Williams, Rita Elsner, John W. Foltz, Phillip B. Lenzini, Joshua Herman, & Matthew S. Dionne Local Government Law, January 2017 Recently decided Illinois decisions, compiled by this section's Litigation Committee.
Recent PAC opinions and materials By Michael T. Jurusik Local Government Law, January 2017 Recent cases and opinions of interest to practitioners.
The (un)democratic nature of supermajority voting By Erin M. Baker Local Government Law, May 2015 Supermajority voting has been used since the founding of the United States. However, does the requirement of more than a simple majority directly conflict with the democratic principles our nation was founded on? History and case law seem to permit at least procedural supermajority requirements, so long as the imposition of a supermajority vote can be revoked by a simple majority.
Township road or private driveway? By Robert F. Russell Local Government Law, December 2014 The question of whether a township has the responsibility to maintain a road was recently raised in Chamness v. Mays.
Ethics corner By John H. Brechin Local Government Law, May 2014 Two recent ISBA opinions address attorney misconduct and conflict of interest.
New releases from the appellate court on local governmental tort immunity: “Abruzzo Returns” and “The Sidewalks of the College of DuPage” By Richard L. Turner Civil Practice and Procedure, February 2014 Recently, the appellate court had occasion to again consider local governmental immunity in the context of the Emergency Medical Services Systems Act, and the Local Governmental and Governmental Employee’s Tort Immunity Act, with respect to the liability of an emergency medical technician in an emergency response, and the liability of a college for its process in responding to a sidewalk deviation under the Tort Immunity Act.
Following up… By John H. Brechin Local Government Law, July 2007 In 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 courts By John H. Brechin Local Government Law, June 2007 Inverse condemnation refers to a claim by a property owner that government through its regulations has substantially reduced the value of the owner’s property.
Candygram: Serving complaints and subpoenas on local governments By Iain D. Johnston Local Government Law, March 2007 Local governments are often served with various legal documents relating to litigation. The three most common types of these documents are (1) summons/complaint, (2) subpoenas, and (3) complaints for administrative review.
Attorney general issues opinions affecting units of local government By Lynn Patton Local Government Law, November 2002 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.
Audit law amended By Phillip B. Lenzini Local Government Law, November 2002 On June 26, 2002, Governor Ryan signed into law Public Act 92-0582 (previously H.B. 6034) altering the audit requirements for local governmental units.
Indemnification of local governmental officials and employees By Charles Prorok Local Government Law, October 2002 A deputy sheriff is involved in an automobile accident while on routine patrol.
Attorney General issues opinions affecting units of local government By Lynn Patton Local Government Law, March 2002 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.
House Bill 3098—certification of closed meetings—dies By Pat Lord Local Government Law, March 2002 On February 8, 2002, Governor Ryan issued an amendatory veto to House Bill 3098.
“NEW BUSINESS” takes on a new meaning By Robin L. Perry Local Government Law, March 2002 A recent opinion by the Fourth District Appellate Court has created quit a stir among local government attorneys.
2001 key municipal issues Local Government Law, February 2002 The Illinois Municipal League has prepared a summary of the pertinent bills in categorical order that impact units of local government.
Constitutional challenges to municipal administrative adjudicatory systems By Angela R. Hall Local Government Law, November 2001 Systems of administrative adjudications are an effective method of resolving some of the backlog of cases in the Illinois courts.
Local government Web sites and the First Amendment By David J. Fish Local Government Law, November 2001 Many local governmental bodies now have excellent Web sites that are the equivalent of a virtual village hall. Residents can download permit applications, obtain information about public officials, and even access local ordinances.
Application of Prevailing Wage Act to grant recipients of Illinois First monies By David J. Gerber & Danielle LaChance-Yates Local Government Law, July 2001 The Prevailing Wage Act applies to construction projects undertaken by non-governmental entities which receive public funds for furnishing services to the public or which receive grants from governmental agencies.
A primer on the Fair Labor Standards Act By Scott Uhler Local Government Law, June 2001 The information in this article is basic to an understanding of labor law, and can be shared with administrators of public entities and their human resources directors
Recent decisions of interest By John H. Brechin Local Government Law, May 2001 Shaw Industries v. Community College District No. 515 (First District, December 12, 2000) involved a claim by Shaw that the defendant's failure to require the procurement of a payment bond from its contractor, Prairie State Associates, breached its contract.
Robert’s Rules in the 21st Century By Phil Reiman Local Government Law, April 2001 As digital communication filters into more and more of our lives, we begin to expect more from it. As one author put it, "technology is becoming less revolutionary."
A shock to the system By Robin L. Perry Local Government Law, April 2001 "The General Assembly finds that timely attention in medical emergencies saves lives, and that trained use of automated external defibrillators in medical emergency response can increase the number of lives saved.

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