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2014 Articles

Case summaries By Sonni Choi Williams, Phillip B. Lenzini, Matthew S. Dionne, & Rita Elsner June 2014 Recent cases of interest to local government law practitioners.
Case summaries May 2014 Recent cases of interest to local government law practitioners.
Case summaries By Rita Elsner, Sonni Choi Williams, & Matthew S. Dionne April 2014 Recent cases of interest to local government law practitioners.
The court cost conundrum By Marty Shanahan January 2014 A discussion of the problems of complex and ever-escalating court costs for non-aggravated traffic tickets.
Does your park provide enough notice to you of the intended users? By John Redlingshafer 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.
Ethics corner By John H. Brechin May 2014 Two recent ISBA opinions address attorney misconduct and conflict of interest.
FOIA—A State’s Attorney’s Office is a public body By John H. Brechin June 2014 A synopsis of the Supreme Court's recent decision in Nelson v. Kendall County.
How the new Workplace Violence Prevention Act impacts local governments By Brad Stewart April 2014 The WVPA is particularly relevant to government employees, who are statistically more than three times as likely to be victims of workplace violence than private sector employees.
ISBA unveils exciting new Member Directory! August 2014 Make sure the other members of the ISBA know what sets you apart and can find you easily by activating your member directory profile today.
More case law on FOIA’s unduly burdensome exemption: Shehadeh v. Madigan By John Redlingshafer February 2014 Shehadeh v. Madigan is a sound reminder to those attorneys who represent or otherwise assist public bodies in responding to FOIA requests.
More “user-friendly” notes in local government borrowing By Kurt P. Froehlich March 2014 Notes as a financing option can result in a more user-friendly and quick mechanism for certain local government financings.
New PAC non-binding opinion By John M. O’Driscoll August 2014 In an interesting non–binding opinion, the Attorney-General’s Office concluded that the Chicago Convention and Tourism Bureau, now named “Choose Chicago,” was not subject to FOIA despite being funded by tax dollars.
Police and fire discharge: Arbitration vs. commission—What does the collective bargaining agreement say? By Carlos S. Arévalo December 2014 In Woods v. City of Berwyn, the court had to rule on an employee’s claim that he was entitled to arbitration despite provisions in the collective bargaining agreement that gave the police and fire commission authority to consider disciplinary charges.
Public Access Counselor Rulings By Ruth A. Schlossberg June 2014 Summaries of two recently released Public Access Opinions, one regarding the Open Meetings Act and one pertaining to the Freedom of Information Act.
Recent litigation January 2014 Recent decisions of interest to local government law practitioners.
Seventh Circuit turns down RLUIPA claims for a bible camp when other options available By Michael J. Smoron March 2014 The Seventh Circuit’s decision in Eagle Cove Camp and Conference Center, Inc. v. Town of Woodboro, Wisconsin, Oneida County, Wisconsin and Oneida County Board of Adjustment reinforces the need for units of government to develop a carefully prepared comprehensive plan, with options for religious assembly and other activities, and to adhere to it in order to survive a religious-based zoning challenge.
Small verdict, large attorney fee award: A look at prevailing attorney fees in federal civil rights cases By Michael D. Bersani October 2014 The recent decision in Montanez v. Simon exemplifies how even a small verdict can result in a relatively large attorney fee award.
Timing is everything … or is it? By Lisle A. Stalter August 2014 A wise attorney will advise her client to look at the basis for a Family and Medical Leave Act request. If it is a medical condition that can occur or flare up at any point in time, a certificate issued after the date of the requested/taken leave may be reliable.
Township road or private driveway? By Robert F. Russell December 2014 The question of whether a township has the responsibility to maintain a road was recently raised in Chamness v. Mays.
Two new appellate cases further interpreting Illinois’ Freedom of Information Act By John Redlingshafer April 2014 Both cases can have an impact on your local government practice: The first discusses what constitutes a “prevailing party” under FOIA, while the second revisits the issue as to whether a public body has to create a record in order to respond to a request.
Useful citations to Illinois Compiled Statutes By Phillip B. Lenzini February 2014 Looking for a particular statute? Use this handy guide, arranged by subject.