Articles on Local Government Law

Illinois Municipal League End of Session Report Local Government Law, June 2025 View the Illinois Municipal League End of Session Report from the 104th General Assembly that was published June 1, 2025.
Letter from the Chair By Yordana Wysocki Local Government Law, June 2025 A letter from the incoming chair on the year ahead.
Municipal Case Summaries By James Ferolo, Phil Lenzini, Matt Dione, Chris Jump, Lisle Stalter, Todd Flemming, & Josh Herman Local Government Law, June 2025 Municipal case summaries of interest to local government law practitioners.
Court Rules That District’s Impoundment of Vehicle Did Not Violate Owner’s Constitutional Rights By Thomas Grippando Local Government Law, April 2025 In Echevarria v. Jackson, No. 20 C 5271, 2025 U.S. Dist. LEXIS 11186 (N.D. Ill. Jan. 22, 2025), the plaintiff claimed that the impoundment of his vehicle violated his constitutional rights, as the vehicle was not used during the commission of the offense.
Felons Eligible to Run for Office: Airhart v. Municipal Officers Electoral Board for the Village of Riverdale, Illinois By Zachary Frye Local Government Law, April 2025 A question of statutory construction regarding the Illinois Municipal Code and the election of municipal officers recently came before the 1st District Appellate Court. Prior to the consolidated primary election that was held on February 25, 2025, Michael Airhart filed a signed “statement of candidacy” to run for Village President of Riverdale, Illinois. As part of that statement, Airhart affirmed that he was “legally qualified” to hold the office. A ballot objection was filed with the Electoral Board for the Village of Riverdale, alleging that Airhart was not legally qualified, as he had been convicted of three felonies and was not pardoned by the Governor. Airhart argued that he is not precluded from seeking office, only from holding it, and that he was in the process of having his rights restored. The Electoral Board sustained the objection, which was then appealed to the Circuit Court of Cook County. The circuit court reversed the Electoral Board’s judgment. 
Municipal Case Summaries By James Ferolo, Phil Lenzini, Matt Dione, Chris Jump, Lisle Stalter, Todd Flemming, & Josh Herman Local Government Law, April 2025 Municipal case summaries of interest to local government law practitioners.
New Notary Law Provisions By Patrick Collins Local Government Law, April 2025 A little over a year ago, the Illinois Notary Public Act and the Illinois Administrative Code Notary Public Records were updated. In 2025, additional updates were made, which are discussed in this article. 
Recent Illinois Attorney General / Public Access Opinions and Judicial Decisions Regarding the Freedom of Information Act By Michael T. Jurusik Local Government Law, April 2025 Recent Illinois opinions and judicial decisions relating to FOIA interest to local government law practitioners.
Municipal Case Summaries By James Ferolo, Phil Lenzini, Matt Dione, Brian Flynn, Chris Jump, Lisle Stalter, Todd Flemming, & Josh Herman Local Government Law, October 2024 Municipal case summaries of interest to local government law practitioners.
Protestors on Pins and Needles About Whether to Bring Pens and Badges to DNC After 7th Circuit Denies Constitutional Challenge to Ban on Pointed Objects By Matthew Dionne Local Government Law, October 2024 In Thayer v. City of Chicago, the plaintiffs challenged the constitutionality of an ordinance banning a list of prohibited items, including any pointed objects, from the perimeters of the Democratic National Convention held in Chicago on August 19, 2024, through August 24, 2024, as unconstitutionality vague.
Recent Illinois Attorney General / Public Access Opinions and Judicial Decisions Regarding the Freedom of Information Act and Open Meetings Act By Michael T. Jurusik Local Government Law, October 2024 Recent Illinois opinions and judicial decisions relating to FOIA and OMA of interest to local government law practitioners.
First District Appellate Court Gives Common Law Claims for Misallocated Sales Tax Filed in Circuit Court the Green Light to Proceed By Michael J. Smoron Local Government Law, May 2024 In The Village of Arlington Heights v. The City of Rolling Meadows, the appellate court reversed the trial court's decision, determining that the Illinois Department of Revenue did not have exclusive jurisdiction to determine a sales tax dispute.
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.

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