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2016 Articles

Administrative inspection warrants and pursing the demolition, repair, enclosure, or remediation of unsafe buildings pursuant to 65 ILCS 5/11-31-1 By Hon. Luis A. Berrones November 2016 This article outlines the procedure for obtaining an administrative inspection warrant and the procedure available under §11-31-1 of the Municipal Code to address the issue of unsafe buildings within a municipality’s corporate boundaries.
Case summaries By Sonni Choi Williams, Matt Dionne, Rita Elsner, John Foltz, Joshua Herman, & Phillip B. Lenzini June 2016 Recent cases summarized by the members of the Local Government Law Section's Litigation Committee.
Case summaries By Sonni Choi Williams, Matthew S. Dionne, Rita Elsner, John Foltz, Joshua Herman, & Phillip B. Lenzini January 2016 Cases of interest to local government law practitioners.
Illinois enacts new requirements for expense reimbursement of local government employees and officials By Michael T. Jurusik September 2016 A look at the key provisions of the Local Government Travel Expense Control Act.
Officials not entitled to qualified immunity in First Amendment retaliation claim By Carlos Arévalo November 2016 In Ricciuti v. Gyzenis, the United States Court of Appeals for the Second Circuit ruled that police officials in Madison, Connecticut are not immune from liability for a fired police officer’s claim that she was retaliated against for her First Amendment speech.
Prevailing Wage and the TIF Act By Nicolas P. Nelson & Herbert J. Klein 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 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.
Recent PAC opinion and materials By Michael T. Jurusik June 2016 Proposed and enacted legislation of interest.
Recent Public Access Counselor opinions and materials By Michael T. Jurusik January 2016 Illinois' Attorney General has recently issued the following Public Access Counselor opinions.
Second District Appellate Court determines that the PTELL rules over all By Ruth A. Schlossberg & Michael J. Smoron 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.
Second District provides recapture rights not subject to foreclosure By Michael J. Smoron March 2016 F.R.S. Development Company, Inc. v. American Community Bank and Trust clarifies the nature of recapture rights and has implications for municipal counsel when dealing with recapture issues.
Suing certain governmental entities for willful and wanton misconduct just became easier—Illinois abandons the public duty rule By Robert Handley & Grzegorz (Greg) Czubernat 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.
Townships—Government closest to the people By Natalie L. Pesin September 2016 What does a township do for you and your community? And if we consolidated or eliminated townships, what would be the result?
Walking a tightrope: Navigating panhandling regulation in light of Reed v. Gilbert By Donna J. Pugh & Hayley L. Altabef August 2016 The Seventh Circuit has reversed its decision in , and Springfield finds itself seeking a new solution to its panhandling challenges.
What am I forgetting: So many ways to get tripped up By Ruth A. Schlossberg, Michael J. Smoron, & Brad Stewart May 2016 A look at the 'hot' issues facing local governments.
What next: Enforcing an administrative adjudication order By Lisle A. Stalter July 2016 What enforcement remedies will a court impose for a respondent who is ordered to take certain action in response to an ordinance violation and fails to do so? Will a court hold such respondent in contempt?