Publications

Section Newsletter Articles on Municipal Law

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.
Does your park provide enough notice to you of the intended users? By John Redlingshafer Local Government Law, October 2014 Do you have a park district as a client? How about a municipality or school district that allows the public to use its playground equipment? If the answer is “yes” to either of these questions, be sure you and your clients are aware of Bowman v. the Chicago Park District.
Militarization of American police By Kathryn E. Eisenhart Human Rights, October 2014 American police have become increasingly militarized through federal programs providing both military weapons and military tactics training. But who is holding them accountable?
Police training By Peter LaSorsa Human Rights, October 2014 A look at the training that police officers receive prior to obtaining a badge and gun.
CASE NOTE: Swain v. City of Chicago – Municipalities owe no duty to pedestrians injured outside crosswalk By Dennis L. Berkbigler Tort Law, July 2014 In this recent case, the Second Division of the First District Appellate Court re-affirmed its holding that a municipality owes no duty to a pedestrian who crosses a public street outside of the crosswalk.
Case summaries By Sonni Choi Williams, Phillip B. Lenzini, Matthew S. Dionne, and Rita Elsner Local Government Law, June 2014 Recent cases of interest to local government law practitioners.
Case summaries By Rita Elsner, Sonni Choi Williams, and Matthew S. Dionne Local Government Law, April 2014 Recent cases of interest to local government law practitioners.
More “user-friendly” notes in local government borrowing By Kurt P. Froehlich Local Government Law, March 2014 Notes as a financing option can result in a more user-friendly and quick mechanism for certain local government financings.
Useful citations to Illinois Compiled Statutes By Phillip B. Lenzini Local Government Law, February 2014 Looking for a particular statute? Use this handy guide, arranged by subject.
The court cost conundrum By Marty Shanahan Local Government Law, January 2014 A discussion of the problems of complex and ever-escalating court costs for non-aggravated traffic tickets.