Local Government Law

Plaintiff appeals the trial court’s order dismissing its complaint for DUI against the defendant for improper venue. The appellate court dismissed the appeal, finding that it lacked jurisdiction to consider the appeal because the city failed to establish that the supreme court intended to provide municipal prosecutors with the power to initiate interlocutory appeals under SCR 604(a) and that the city's home rule status did not alter the legal analysis. (BRIDGES and HUDSON concurring)

Plaintiff filed a complaint alleging a violation of FOIA seeking a declaration that defendants violated FOIA, an order mandating production of the requested records, attorneys fees, and civil penalties. Defendants produced the documents during litigation. The trial court granted defendants’ motion for summary judgment, finding that the city acted reasonably. Plaintiff appealed arguing, in part, that the trial court erred when it denied his request for attorney's fees. The appellate court reversed, finding the trial court erred when it did not hear arguments on the reasonableness of plaintiff’s request for attorneys fees. (TURNER and HARRIS, concurring).

Plaintiff filed a complaint in the circuit court seeking administrative review of a decision to terminate his employment as a correctional officer. Plaintiff also sought mandamus relief to compel the Sheriff to use the Cook County State’s Attorney as his attorney in the proceedings. The trial court dismissed the mandamus count of the complaint with prejudice and entered an order pursuant to SCR 304. The appellate court affirmed finding that plaintiff failed to state a claim upon which relief may be granted because section 3-9005(a) of the Counties Code does not establish a clear duty on the part of the Sheriff to use the State’s Attorney to prosecute proceedings before the Merit Board. (LAVIN and COBBS, concurring)

At issue was whether the plaintiff qualified as a candidate for the Lake County Board in the June 2022 general primary election. The parties agreed that she did not reside within the board district at the time she filed her nominating papers. The appellate court held that under its interpretation of section 2-3015 of the Counties Code, the candidate was required to reside in the district at the time she filed her statement of candidacy because to find otherwise would create a situation where a candidate would be eligible to run for office, but not to hold that office, a result that previously was rejected by the Illinois Supreme Court. (McLAREN and JORGENSEN, concurring)

Defendant appealed from trial court judgment finding it guilty of violating the Downers Grove Fire Prevention Code. The appellate court affirmed, finding that the village’s annual testing requirement did not violate defendant's residents' fourth amendment right to be free of unreasonable searches and that defendant's due process rights were not violated when the village initiated court proceedings without first allowing defendant to pursue administrative appeal procedures. The appellate court modified the amount of the fine imposed for failure to comply with the code. (McLAREN and SCHOSTOK, concurring)

Plaintiff, an inmate in custody of the Illinois Department of Corrections, filed a complaint for declarative judgment and injunctive relief against DOC pursuant to a FOIA request. The complaint also sought civil penalties, attorney fees, and costs. While the complaint was pending the DOC provided plaintiff with copies of the records he sought. The trial court subsequently granted summary judgment in favor of the DOC on all issues and plaintiff appealed arguing that disclosure of the records did not render his claim for declaratory relief moot and that the trial court erred by granting summary judgment on his claims for costs and civil penalties. The appellate court affirmed the trial court entry of summary judgment based on mootness, but remanded the plaintiff’s claims for costs and civil penalties. (DeARMOND and HOLDER WHITE, concurring)