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2006 Articles

Annexation agreements: How enforceable are they? By Robin L. Perry March 2006 The facts in this case are straightforward. On December 15, 1997, Robert W. Gaylor, Joanna A. Gaylor, Robert E. Gaylor and Morna K. Gaylor (hereinafter “Gaylors”) entered into an Annexation Agreement (hereinafter “Agreement”) with the Village of Ringwood, Illinois (hereinafter “Village”) to annex a 23.75 acre parcel of land.
Applicability of the Prevailing Wage Act requirements to private subdivision developers engaged in public works By Robert J. Britz & Paula Tipton Wallin November 2006 Municipalities must comply with state statutes such as the Prevailing Wage Act, the Public Construction Bond Act, the Plat Act, and the public bidding requirements of the Illinois Municipal Code when directly contracting for public infrastructure improvements such as roads, sidewalks, sanitary sewers, water improvements, etc.
Architect Selection - Fee Information By Phillip B. Lenzini June 2006 Commonly, when units of local government in Illinois seek the service of architects and engineers, they would like to obtain, along with other information regarding the architectural or engineering services, firm and credentials, information regarding the fee structure the architects or engineers propose to use.
Attorney General issues opinions affecting units of local government By Lynn Patton April 2006 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2004)), 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.
Can a home rule municipality enter into a project labor agreement on municipal projects financed with only municipal funds? By Jeffrey D. Lester & Maureen E. Riggs February 2006 Project labor agreements or IMPACT agreements are contractual agreements signed between a trade union and a public entity requiring that union workers will be used on a public works project.
Can Illinois municipalities be in the business of constructing wireless broadband networks? By Adam B. Simon July 2006 In the December 2005 edition of this newsletter, Mr. Jeffrey C. Torres opined on whether municipalities should be constructing wireless broadband networks.
Case note By John H. Brechin December 2006 Hammond v. Firefighters Pension Fund, No. 2-06-0133 and 2-06-0187 November 29, 2006 The Second District Appellate Court recently reviewed the decision of the Defendant Board to award the Plaintiff a non-duty disability pension and to deny him a line of duty disability pension.
Case note By John H. Brechin September 2006 The Calibraro case involved a firefighter/paramedic employed by Buffalo Grove who made application for a disability pension.
Case Note: Does a special use permit run with the land? Not this one, says Justice Smith By Paul N. Keller October 2006 In an opinion authored by Justice James Fitzgerald Smith, former Des Plaines City Attorney, the Illinois Appellate Court upholds the validity of a special use permit which was intended to apply only to the owner of the land at the time it was issued.
“Clearly something wrong”: Seventh Circuit limits “Class of One” equal protection actions By Aušra Tauginas & Paul N. Keller January 2006 In Lauth v. McCollum 424 F.3d 631 (7th Cir. Sep. 20, 2005), the federal court continues its “struggle to define the contours of class-of-one cases.
Executive summary of the Spring 2006 legislative session By Matt Davidson July 2006 Overview: The Spring Session of the Illinois General Assembly concluded on May 4, 2006. There were 353 bills which passed both chambers.
Feret v. Schillerstrom: Second District By Phillip B. Lenzini June 2006 It appears that if an ordinance, resolution or motion is adopted by a governmental body that was not previously listed on the agenda, the corrective step should include an express repeal of the earlier action and a new adoption of the matter properly agendized.
The First Amendment on the overpass: Cities may bar protestors from highway bridges By Paul N. Keller January 2006 In recent contrasting cases, the Seventh Circuit and the Tenth Circuit have reviewed police department policies and practices regarding protest activity on bridges over highways.
Job evaluations and personnel files under the Freedom of Information Act By Phillip B. Lenzini March 2006 All public employees should appreciate the decision in Copley Press.
Local governmental entities not entitled to absolute immunity when a hazardous recreational activity is involved By Joy A. Roberts October 2006 On July 5, 2006 the Illinois Supreme Court issued a unanimous decision that when a hazardous recreational activity is involved, local governmental entities and their employees are held to a higher standard of care; therefore, pursuant to section 3-109 of the Tort Immunity Act, they are immune from liability for negligence, but subject to the exceptions found in section 3-109(c) of the Act. Murray v. Chicago Youth Center, et al., 2006 WL 1822656 (Ill. 2006).
New laws change Fire Pension Fund Board membership and firefighter pension contribution requirement By Michael T. Jurusik February 2006 A recent amendment to the Illinois Pension Code (Public Act 94-0317) has made drastic changes to the longtime membership of Illinois firefighter pension fund boards.
A newly recognized defense to disconnection petitions By David W. McArdle March 2006 This article is intended to provide direction for municipalities faced with petitioners seeking disconnection from the municipal corporate limits.
Ownership of property within a TIF By Kathleen Field Orr October 2006 An often-ignored standard of the TIF Act is the provision regarding conflicts of interest on the part of certain municipal officials, employees or consultants which may arise in connection with the designation of a Redevelopment Project Area.
Police and fire pension disability issues: Part I By Richard J. Reimer April 2006 This is part 1 of a two-part article. Part 2 will be published in the May 2006 issue of this newsletter.
Police and fire pension disability issues: Part II By Richard J. Reimer May 2006 This is part 2 of a two-part article. Part one was published in the April 2006 issue of this newsletter.
Practice and procedure before the Property Tax Appeal Board By James W. Chipman January 2006 This article provides an overview of practice and procedure before the State of Illinois Property Tax Appeal Board, highlighting some of the statutes and rules that govern the PTAB’s operation.
Public employees’ free speech rights By John H. Brechin July 2006 The United States Supreme Court on May 30, 2006, issued its decision in Garcetti v. Ceballos involving the question of whether the First Amendment protects a government employee from discipline based on speech made pursuant to and in the course of the employee’s official duties. Ceballos was a Los Angeles County Deputy District Attorney who exercised supervisory responsibilities over other lawyers.
Recent changes in zoning law: Klaeren and SB 94—What was, what recently had been, and what will be By Victor P. Filippini, Jr. November 2006 Editor’s Note: Public Act 94-1027 shifts Illinois back to where it was prior to the Klaeren and subsequent decisions.
Recent decisions of interest By John H. Brechin May 2006 Plaintiff’s employment as a County Sheriff’s corrections officer was terminated effective May 23, 2003.
Replacing an improperly passed ordinance without repealing the old does not cure the defect By Alfred M. Swanson, Jr. May 2006 This is the second appeal of this case in which the plaintiff alleged the DuPage County Board violated the Open Meetings Act.
Second District limits municipal authority to Recoup Lost Sales Tax Revenue By Peter Friedman September 2006 In a little-noticed opinion, the Second District significantly restrained municipal authority to recoup sales tax revenue lost to other municipalities able to offer more favorable tax rates for retailers (through tax rebate agreements and/or lower sales tax rates).
Using the Illinois Vehicle Code to clear railroad crossings By Paul N. Keller December 2006 Business owners who suffered economic injury because of railroad trains blocking access to their property may sue the railroad for relief.
Zoning and religious uses—Vision Church v. Village of Long Grove By John H. Brechin December 2006 Vision Church was an Illinois religious corporation whose membership totaled approximately 120 persons. Prior to 1999, Vision was located in Park Ridge but began looking for a new church site, and expecting its membership to grow significantly, desired a larger facility.