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2013 Articles

Animus and the “class of one” claim under the 14th Amendment: Swanson v. City of Chetek, U.S. Court of Appeals 7th Circuit No. 10-1658 (2013) By Steven A. Andersson August 2013 The Swanson v. Chetek case provides a strong reminder of the need for local officials to be even- handed in their treatment of the people they deal with on a daily basis.
Can monetary exactions conditions of a permit constitute a taking? By John H. Brechin September 2013 The U.S. Supreme Court in a 5-4 decision affirmed the validity of Nollan and Dolan and held that the principles of those cases do not change whether a permit is approved or denied.
Case update list July 2013 Recent cases of interest to local government law attorneys.
Case update list May 2013 Recent cases of interest to local government law attorneys.
Case updates By Sonni Choi Williams, Phillip B. Lenzini, Matthew S. Dionne, & Christina M. Webb November 2013 Recent cases of interest to local government law practitioners.
Don’t text and legislate, or suffer the FOIA consequences By Timothy J. Clifton September 2013 On July 16, 2013, the Illinois Fourth District Appellate Court published their opinion in City of Champaign v. Madigan, addressing the Freedom of Information Act’s applicability to text messages sent or received by public officials.
Easier to petition some alternate bonds/Harder to document certain coverages By Kurt P. Froehlich October 2013 P.A. 98-0203, effective January 1, 2014, has somewhat eased the process for obtaining a petition to drive to referendum the issuance of alternate bonds.
Freedom of information By John H. Brechin November 2013 The United States Supreme Court, in a unanimous decision, held that the Virginia Freedom of Information statute, which is only available to citizens of their state, did not violate the privileges and immunities clause of the Constitution.
Illinois Appellate Court strengthens the notice defense to liability for injuries occurring on public sidewalks: Zameer v. City of Chicago By Michael D. Bersani October 2013 In Zameer v. City of Chicago, the Appellate Court recently interpreted the notice defense in a manner that should serve to limit municipal liability in residential sidewalk cases.
Implications of Koontz v. St. John’s River Water Management By Aaron N. Gruen October 2013 A look at the implications of the Koontz decision for municipalities and developers engaging in the land use entitlement development process.
Is it pointless for a municipality to adopt the international fire code? By Marty Shanahan April 2013 There have been discussions throughout the state as to whether the International Fire Code provides fire prevention and safety standards equal to or higher than the National Fire Protection Association.
Just what the doctor ordered: The red light doctor gets his red light camera FOIA request By Matthew S. Dionne August 2013 This article explores the Fagel v. Department of Transportation decision, its implications, and what public bodies might consider going forward with regard to electronic records and FOIA requests.
Legislation update By Marty Shanahan November 2013 Recent legislation of interest to local government law attorneys.
A little more confusion from the PAC on closed sessions By Ruth A. Schlossberg July 2013 Two recent confusing opinions issued by the Public Access Counselor have the potential to limit a public body’s ability to reach consensus and to plan future action in closed sessions.
Navigating the benefits and potential pitfalls of juror questions under Illinois Supreme Court Rule 243 By Anne Scrivner Kuban & Krista R. Frick February 2013 The authors discuss their observations of the new rule being used during a recent trial.
Open Meetings Act: A primer By Phillip B. Lenzini March 2013 This article outlines the Act in a practical manner instead of following its codified order.
The PAC muddies the waters: Some thoughts on a recent PAC opinion about closed session discussions, litigation, and final actions By Ruth A. Schlossberg February 2013 The Illinois Attorney General’s Public Access Counselor issued a new binding opinion on November 5, 2012 involving (among other things) the probable or imminent litigation exception to the Open Meetings Act.
PAC Opinion report By Ruth A. Schlossberg December 2013 Recent opinions from the Illinois Attorney General's Public Access Counselor.
Prohibited areas and signage: The hidden issues that remain for local governments with concealed carry By Brad Stewart December 2013 Local governments are highly advised to understand the nuances of restricted areas for carrying concealed weapons pursuant to the Concealed Carry Act.
Successful application of the Family Medical Leave Act: Lessons learned from McClelland v. CommunityCare HMO, Inc. By Lisle A. Stalter May 2013 McClelland v. CommunityCare HMO, Inc. an unpublished Tenth Circuit opinion and its district court case, provides good guidance on appropriate process and procedure to protect employers on the application of FMLA.
Texts and e-mails sent or received during public meetings by board members using personal electronic devices are subject to FOIA By John M. O’Driscoll September 2013 The first of two reviews of the recent City of Champaign v. Madigan case.
A timely take on takings By Ronald S. Cope September 2013 Another perspective on the recent case of Koontz v. St. John's River Water Management District.
“Why did the urban chicken cross the road?” How chickens are making “inroads” into urban communities By Melissa Anne Maye December 2013 Urban chicken-keeping is on the rise, and suburban attorneys should familiarize themselves with local ordinances in order to properly advise their clients of the requirements of their local municipality.