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2005 Articles

Americans with Disabilities Act—What is a medical examination? By John H. Brechin August 2005 The ADA limits the ability of employers to use medical examinations as a condition of employment.
Another blow to local governmental immunity. . . Brooks v. Illinois Central RR By Maureen E. Riggs August 2005 On June 2, 2005, the First District Appellate Court issued an opinion pertaining to statutes of limitations and local governmental entities, yet giving another answer to the question "Which limitations period applies?"
Attorney General creates Office of Public Access Counselor to assist local government officials By Lynn Patton February 2005 Attorney General Lisa Madigan has announced the creation of a Public Access Counselor within her office to enhance understanding of and compliance with the Freedom of Information Act and Open Meetings Act.
Attorney General issues Freedom of Information Act and Election Code opinions By Lynn Patton June 2005 Attorney General Lisa Madigan recently issued two opinions of interest to units of local government.
Attorney General issues opinion approving of the use of non-statutory election systems in home rule municipalities By Lynn Patton November 2005 Attorney General Lisa Madigan recently issued an opinion of interest to units of local government.
Attorney General issues opinion under State Officials and Employees Ethics Act By Lynn Patton March 2005 Attorney General Lisa Madigan recently issued an opinion regarding the new State Officials and Employees Ethics Act (5 ILCS 430/1-1 et seq. (West 2003 Supp.)).
Attorney General issues opinions affecting units of local government By Lynn Patton April 2005 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2002)), 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.
Case note: F.O.I.A. By Alfred M. Swanson, Jr. January 2005 Katrina Harden and James Trent were convicted of severely beating and murdering Harden's four-year-old daughter while they lived together.
Case notes By John H. Brechin August 2005 Bensenville notified Plaintiff of its intent to enforce the amortization provisions of its zoning ordinance, reasoning that Plaintiff's use of the property as a wrecking yard was a non-conforming use.
Casenote—Use of background checks By John H. Brechin October 2005 Sroga v. Personnel Board of the City of Chicago points out the need for a background check to thoroughly examine any arrest, even those not technically resulting in a conviction because of the imposition of court supervision.
The changing meaning and purposes of the Public Use Limitation on Eminent Domain By Aaron N. Gruen November 2005 The United States Constitution permits the condemnation of private property for “public use”; a power enumerated in the “Takings Clause of the Fifth Amendment.”
City’s prohibition of truck traffic fails due to city’s designation of roadway By Christopher J. Petri & David J. Gerber March 2005 On January 25, 2005, the United States Court of Appeals for the Seventh Circuit rendered a decision in Crest Hill Land Development, LLC v. City of Joliet, Case No. 04-2565, 2005 WL 147396 (7th Cir. Jan. 25, 2005) that displays how a city's description or designation of its local roadways can have an adverse effect on the city's ability to control roadway truck traffic.
Current legislation By John H. Brechin July 2005 Over 6,100 Bills were filed in the current session of the General Assembly.
The elusive concept of “special risk” in relation to line of duty pension benefits for police officers By Jenette M. Schwemler October 2005 This article summarizes the evolution of the definitions of “act of duty” and “special risk” and how the courts apply those concepts in reviewing awards and denials of line of duty benefits.
Eminent domain in Illinois after Kelo v. New London By Brian Martin September 2005 Both the United States and Illinois Constitutions provide that private property may only be taken by the government if the taking is for a "public use" and the owner is paid just compensation.
Eminent domain-Billboards By John H. Brechin February 2005 Lamar Advantage v. Addison Park District involved the issue of whether the required removal of a billboard triggers the right to just compensation for the owner of the billboard.
Eminent domain-Can amortization constitute just compensation? By John H. Brechin April 2005 The Second District Appellate Court recently considered this question in Lamar Whiteco Outdoor Corporation v. City of West Chicago decided February 8, 2005.
Federal concealed weapons law creates more liability for municipalities By Paul N. Keller February 2005 Congress recently enacted a federal law which authorizes active and retired law enforcement officers to carry concealed weapons anywhere in the United States, preempting all State and local laws.
Fire district douses county’s municipality claim By Alfred M. Swanson, Jr. May 2005 The Wauconda Fire Protection District sought declaratory and injunctive relief against Lake County and Stonewall Orchards after Lake County approved new construction despite Stonewall's failure to comply with a District ordinance.
Fourth Amendment issues and regulatory inspections in the construction industry By Lindsay Price October 2005 In the early 1970s, the Supreme Court announced the “closely regulated business” exception to the search warrant requirement, permitting warrantless administrative searches of certain commercial properties.
A Home Rule Unit may not legislate on the issue of disconnection By John H. Brechin February 2005 The Village of Elk Grove enacted an ordinance that imposed a fee on any property owner who sought to disconnect property from the Village.
Legislation Preview By Lynn Patton May 2005 Recent legislation of interest.
Mandamus and the lilac bush: Jamison v. City of Zion 2-04-1050 (August 12, 2005); 2005WL2045603 By Alfred M. Swanson, Jr. November 2005 Mark Jamison was upset when his neighbor on Sharon Place in Zion, Illinois, erected a fence and planted large lilac bushes in the public right of way along their street.
New state law to allow municipalities to ban smoking in public places may not be as far reaching as believed By Anthony J. DelGiorno September 2005 On August 10, 2005, Governor Rod Blagojevich signed into law House Bill 672 (Public Act 94-517), which was designed to amend the Illinois Clean Indoor Air Act to permit all municipalities, whether home rule units or not, to ban indoor smoking in public places
Political trademarks: Intellectual property in politics and government By Daniel Kegan January 2005 Confusion, deception, and mistake are generally unlawful in marketing campaigns. 14 USC § 1125 (a) [Lanham Act § 43(a)].
Putting the Village and the developer on the same side of the table-Success in Sauk Village By Mica Castellino June 2005 The largest municipally-owned industrial park site in Illinois-and one of the largest in the nation-is located in the Chicago southland region.
Recent amendments to the election code By Jeff Jurgens December 2005 On August 22, 2005, Governor Blagojevich signed House Bill 1968 into law, making several immediate changes to the Election Code.
Recent legislation: Public Act 94-589—Family Military Leave Act By John H. Brechin October 2005 You should be aware of the above-referenced Act effective August 15, 2005.
Recent litigation of interest By John H. Brechin July 2005 Chicago brought an action alleging violations of its Building Code.
Should Illinois municipalities be in the business of constructing Wi-Fi wireless broadband networks? By Jeffrey C. Torres December 2005 Since the Federal Communications Commission issued its first report on broadband, defining it without regard to any transmission media as “broadband telecommunications capability that enables users to originate and receive high-quality voice, data, graphics and video telecommunications using any technology,” hardly a day goes by without hearing the call for the speedy development of municipal broadband networks to bridge the “Digital Divide,” a so-called divide that prevents all Americans from accessing broadband services.