Illinois Municipal League End of Session ReportLocal Government Law, June 2025View the Illinois Municipal League End of Session Report from the 104th General Assembly that was published June 1, 2025.
Letter from the ChairBy Yordana WysockiLocal Government Law, June 2025A letter from the incoming chair on the year ahead.
Municipal Case SummariesBy James Ferolo, Phil Lenzini, Matt Dione, Chris Jump, Lisle Stalter, Todd Flemming, & Josh HermanLocal Government Law, June 2025Municipal case summaries of interest to local government law practitioners.
Court Rules That District’s Impoundment of Vehicle Did Not Violate Owner’s Constitutional RightsBy Thomas GrippandoLocal Government Law, April 2025In 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, IllinoisBy Zachary FryeLocal Government Law, April 2025A 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 SummariesBy James Ferolo, Phil Lenzini, Matt Dione, Chris Jump, Lisle Stalter, Todd Flemming, & Josh HermanLocal Government Law, April 2025Municipal case summaries of interest to local government law practitioners.
New Notary Law ProvisionsBy Patrick CollinsLocal Government Law, April 2025A 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.
Municipal Case SummariesBy James Ferolo, Phil Lenzini, Matt Dione, Brian Flynn, Chris Jump, Lisle Stalter, Todd Flemming, & Josh HermanLocal Government Law, October 2024Municipal case summaries of interest to local government law practitioners.
City Immune for Downzoning PropertyBy Michael SmoronLocal Government Law, March 2023In 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 LawBy Joe McMenaminLocal Government Law, March 2023In 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 ReferendumBy Michael J. SmoronLocal Government Law, March 2023In 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.
Case summariesBy James Ferolo, Sonni Choi Williams, Rita Elsner, John W. Foltz, Phillip B. Lenzini, Joshua Herman, & Matthew S. DionneLocal Government Law, January 2017Recently decided Illinois decisions, compiled by this section's Litigation Committee.
Recent PAC opinions and materialsBy Michael T. JurusikLocal Government Law, January 2017Recent cases and opinions of interest to practitioners.
The (un)democratic nature of supermajority votingBy Erin M. BakerLocal Government Law, May 2015Supermajority 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. RussellLocal Government Law, December 2014The question of whether a township has the responsibility to maintain a road was recently raised in Chamness v. Mays.
Ethics cornerBy John H. BrechinLocal Government Law, May 2014Two 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. TurnerCivil Practice and Procedure, February 2014Recently, 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. 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.
Candygram: Serving complaints and subpoenas on local governmentsBy Iain D. JohnstonLocal Government Law, March 2007Local 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 governmentBy Lynn PattonLocal Government Law, November 2002Under 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 amendedBy Phillip B. LenziniLocal Government Law, November 2002On June 26, 2002, Governor Ryan signed into law Public Act 92-0582 (previously H.B. 6034) altering the audit requirements for local governmental units.