Local Government Law

Avery v. GRI Fox Run, LLC

Illinois Appellate Court
Civil Court
Ordinances
Citation
Case Number: 
2020 IL App (2d) 190382
Decision Date: 
Wednesday, April 15, 2020
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Reversed and remanded.
Justice: 
JORGENSEN

(Court opinion corrected 6/24/20.) Plaintiffs sued owner of a strip mall and operator of grocery store, seeking to enjoin alleged violations of City's land-use ordinance and damages for alleged noise, light, and air nuisances arising from operation of grocery store. Court erred in dismissing Plaintiffs' private-nuisance claims. Because Plaintiffs allege a temporary nuisance, they may properly seek recovery only for personal inconvenience, annoyance, and discomfort suffered on account of the nuisance, and the Moorman doctrine does not bar such damages, as they are not economic losses or injuries but a form of personal injury. Plaintiffs alleged sufficiently specific facts as to testing and that truck noise in delivery area of store significantly exceeds allowable limits. Court erred in dismissing Plaintiffs' noise-ordinance-violation claims. (SCHOSTOK and BRENNAN, concurring.)s

Public Act 101-640

Topic: 
Municipal budgets

(Sims, D-Chicago; Burke, D-Oak Lawn) extends the time limit to pass the annual appropriation ordinance or annual budget for the duration of the disaster or emergency and for 60 days thereafter if a disaster, state of emergency, or national emergency is declared within the 60 days preceding the end of the first quarter of a municipality's fiscal year or within 60 days preceding the end of a municipality’s fiscal year. The disaster must impact the municipality. It also provides that during the extended period the municipality may expend sums of money up to amounts budgeted or appropriated for those objects and purposes in the previous fiscal year to defray all necessary expenses and liabilities of the municipality. This Act took effect on June 12, 2020. 

Public Act 101-640

Topic: 
Open Meetings Act

(Sims, D-Chicago; Kelly Burke, D-Oak Lawn) allows meetings to be conducted by audio or video conference without the physical presence of a quorum of the members if a declaration of disaster has been issued and the public body complies with certain requirements. This Act took effect on June 12, 2020. 

Senate Bill 2135

Topic: 
Municipal budgets

(Sims, D-Chicago; Burke, D-Oak Lawn) extends the time limit to pass the annual appropriation ordinance or annual budget for the duration of the disaster or emergency and for 60 days thereafter if a disaster, state of emergency, or national emergency is declared within the 60 days preceding the end of the first quarter of a municipality's fiscal year or within 60 days preceding the end of a municipality's fiscal year. The disaster must impact the municipality. It also provides that during the extended period the municipality may expend sums of money up to amounts budgeted or appropriated for those objects and purposes in the previous fiscal year to defray all necessary expenses and liabilities of the municipality. Senate Bill 2135 takes effect on the Governor's signature. 

Senate Bill 2135

Topic: 
Open Meetings Act

(Sims, D-Chicago; Kelly Burke, D-Oak Lawn) allows meetings to be conducted by audio or video conference without the physical presence of a quorum of the members if a declaration of disaster has been issued and the public body complies with certain requirements. It takes effect upon the Governor’s signature. 
 

Senate Bill 2135

Topic: 
Freedom of Information Act

(Sims, D-Chicago; Kelly Burke, D-Oak Lawn) creates an exception for any public body that fails to respond to a FOIA request that was due on or after March 9, 2020 and within 15 days of the Governor signing this bill into law if the public body provides a response by the later of 30 days after Senate Bill 2135 becomes law or within the time period required under FOIA for the relevant request. It becomes law on the Governor’s signature. This section is repealed January 1, 2022. 

 

RDC Case Creek Trails, LLC v. Metropolitan Airport Authority

Illinois Appellate Court
Civil Court
Breach of Contract
Citation
Case Number: 
2020 IL App (3d) 190083
Decision Date: 
Friday, May 1, 2020
District: 
3d Dist.
Division/County: 
Rock Island Co.
Holding: 
Reversed and remanded.
Justice: 
O'BRIEN

Plaintiff LLCs entered into agreement with Airport Authority and City for Plaintiffs to develop the airport property. Airport terminated agreement based on Plaintiffs' failure to timely obtain financing, and Plaintiffs thereafter filed complaint for breach of express warranty. Once Airport terminated contract, any obligations under it also terminated, including Plaintiffs' responsibility to send notice to Airport of Airport's alleged breach of express warranty. Notice provision did not include a survival clause necessitating that Plaintiffs provide notice of breach of warranty, prior to pursuing a legal remedy, after termination of contract. (McDADE and SCHMIDT, concurring.)