Section Newsletter Articles on Municipal Law

Ezell v. City of Chicago: Resolving the tension between zoning of shooting ranges & the Second Amendment By Donna J. Pugh and Xenia Chiu Local Government Law, September 2017 The tension created by the duty to protect public safety and the obligation to protect individuals’ constitutional rights remains a challenge in light of Ezell v. City of Chicago, where the Seventh Circuit once again struck down Chicago’s ordinances that aim to reduce possession and use of firearms by eliminating, or discouraging, public firing ranges in the City.
Recent SCOTUS opinion raises hope for municipalities struggling to recover from effects of predatory lending practices of banks—And perhaps for their residents as well By Sharon L. Eiseman Real Estate Law, August 2017 Author Sharon Eiseman was in the courtroom when the U.S. Supreme Court released its opinion in Bank of America Corp. et. al. v. City of Miami, Florida.
Recent SCOTUS opinion raises hope for municipalities struggling to recover from effects of predatory lending practices By Sharon Eiseman Racial and Ethnic Minorities and the Law, June 2017 If Miami is able to show that the disproportionate numbers of defaults and foreclosures arising from the discriminatory lending practices of the Banks concentrated in segregated communities are “directly related” to the City’s loss of property tax revenues and the need for increased municipal services to assist those devastated communities, then monetary damages may be its reward.
Sanctuary cities By Pat Lord Government Lawyers, May 2017 In response to the extraordinary events that have taken place since President Trump took office, counties, cities, and villages across the country are evaluating whether to take official action to designate themselves as a Sanctuary City and wondering if they do whether they’ll lose federal funding.
Case summaries By James Ferolo, Sonni Choi Williams, Rita Elsner, John Foltz, Phil Lenzini, Joshua Herman, and Matt Dionne Local Government Law, March 2017 Recent cases of interest to local government law practitioners.
The power of an Inspector General to seek information from a separately elected county official— Blanchard v. Berrios By Patrick T. Driscoll, Jr. Local Government Law, March 2017 in Blanchard v. Berrios, the Illinois Supreme Court determined that the Cook County Inspector General had the authority to seek information and to issue subpoenas to the separately elected Cook County Assessor.
Section stances on significant legislation Local Government Law, March 2017 See what positions the Section has taken on a variety of bills in the Illinois General Assembly.
Intergovernmental conflict: Ambiguity in the codification of Gurba By Donna J. Pugh and Michael D. Noonan Local Government Law, February 2017 A brief survey examining how intergovernmental conflicts between zoning bodies and other governmental units have been handled by Illinois courts in various contexts
Walking a tightrope: Navigating panhandling regulation in light of Reed v. Gilbert By Donna J. Pugh and Hayley L. Altabef Local Government Law, August 2016 The Seventh Circuit has reversed its decision in , and Springfield finds itself seeking a new solution to its panhandling challenges.
Second District Appellate Court determines that the PTELL rules over all By Ruth A. Schlossberg and Michael J. Smoron Local Government Law, July 2016 Hampshire Township Road District v. John A. Cunningham, Kane County Clerk serves as a reminder that the Property Tax Extension Limitation Law statutory scheme is intended to be so broad in scope as to control and prevail over other statutes containing what may otherwise appear to be self-contained referendum procedures independent of PTELL.
Case summaries By Sonni Choi Williams, Matt Dionne, Rita Elsner, John Foltz, Joshua Herman, and Phillip B. Lenzini Local Government Law, June 2016 Recent cases summarized by the members of the Local Government Law Section's Litigation Committee.
Recent PAC opinion and materials By Michael T. Jurusik Local Government Law, June 2016 Proposed and enacted legislation of interest.
Suing certain governmental entities for willful and wanton misconduct just became easier—Illinois abandons the public duty rule By Robert Handley and Grzegorz (Greg) Czubernat Local Government Law, May 2016 As far as municipal or fire district entities are concerned, unless there is action by the legislature to enact immunity they will now be exposed to traditional tort principles.
Suing certain governmental entities for willful and wanton misconduct just became easier—Illinois abandons the public duty rule By Robert Handley and Grzegorz (Greg) Czubernat Civil Practice and Procedure, May 2016 As far as municipal or fire district entities are concerned, unless there is action by the legislature to enact immunity they will now be exposed to traditional tort principles.
What am I forgetting: So many ways to get tripped up By Ruth A. Schlossberg, Michael J. Smoron, and Brad Stewart Local Government Law, May 2016 A look at the 'hot' issues facing local governments.
New overdose prevention requirements for Illinois first responders By Jennifer Bannon Government Lawyers, April 2016 Among the new requirements, all State and local government agencies that employ law enforcement officers or firefighters must carry opioid antagonists.
Prevailing Wage and the TIF Act By Nicolas P. Nelson and Herbert J. Klein Local Government Law, March 2016 This article examines the legislative history, case-law, and statutory support for the Illinois Department of Labor’s current position that the Prevailing Wage Act is not applicable to private projects receiving TIF benefits under a TIF District redevelopment agreement.
The Public Duty Rule ends in Illinois By Ann Pieper Local Government Law, March 2016 Even though the elimination of the “public duty rule” is a concern for local governments, the statutory protections already in place mitigate that concern considerably.
Case summaries By Sonni Choi Williams, Matthew S. Dionne, Rita Elsner, John Foltz, Joshua Herman, and Phillip B. Lenzini Local Government Law, January 2016 Cases of interest to local government law practitioners.
Conditions on special use permits: Will they be upheld if challenged? By Lisle A. Stalter Local Government Law, December 2015 Special uses (also commonly referred to as “conditional uses”) are a great zoning tool for local governments to allow for uses that are infrequent and have unique impacts and yet are desirable.
Big Brother is watching… your house! By Michael J. Maslanka Real Estate Law, November 2015 Homeowners better not ignore municipality or other local governmental notices regarding code violations, as Big Brother almost always wins.
Case summaries By Sonni Choi Williams, Matthew S. Dionne, Rita Elsner, Joshua Herman, and Philip Lenzini Local Government Law, November 2015 Recent cases of interest to local government law practitioners.
Who has standing to bring a lawsuit when a public body’s computers are stolen? By John M. Redlingshafer Local Government Law, November 2015 The Maglio v. Advocate Health and Hospitals Corporation case is instructive to those who travel with laptops, tablets, or other devices that can be left behind, stolen, or otherwise misplaced.
Can dedicated property subject to a mortgage in default be subject to a foreclosure action? By John H. Brechin Local Government Law, September 2015 Plaintiff Republic Bank of Chicago filed two separate complaints against multiple defendants to foreclose on roads and outlots contained in two failed subdivisions located in the Village of Manhattan.
P.S.E.B.A.—What is an emergency? By John H. Brechin Local Government Law, September 2015 In the recent case of Vaughn v. City of Carbondale, the Plaintiff sought a permanent injunction to prevent the Defendant City from terminating his employer-provided health insurance which he was receiving as a result of a disability from a duty related injury.
Intergovernmental cooperation and conflict: A fresh look By Donna J. Pugh and Melissa D. Conroy Local Government Law, June 2015 A survey of cases that address homerule units and their interaction with local zoning ordinances.
Does your public client need to change its procedure on settling cases? A case study of Meade v. City of Rockford By John M. Redlingshafer Local Government Law, May 2015 Prior to trial, the parties in this case reached a settlement at a pretrial conference. Plaintiff signed a settlement agreement drafted by the City, but when it was presented to the City Council, it voted to reject the agreement.
Case summaries By Sonni Choi Williams, Michael D. Bersani, Phillip B. Lenzini, Matthew S. Dionne, Rita Elsner, and Joshua Herman Local Government Law, March 2015 Recent cases of interest to local government law practitioners.
Dahlstrom v. Sun-Times Media: To redact or not to redact police reports By Jennifer Gibson Local Government Law, March 2015 This recent case could change the way municipalities fill their FOIA requests.
Excessive force and qualified immunity after Plumhoff By Matthew S. Dionne Local Government Law, March 2015 This article summarizes the Plumhoff v. Rickard opinion, explores Plumhoff’s implications, and offers possible suggestions to attorneys and law enforcement in applying that decision.