Local Government Law

Board of Education of Richland School District No. 88A v. City of Crest Hill

Illinois Appellate Court
Civil Court
Ordinances
Citation
Case Number: 
2020 IL App (3d) 190225
Decision Date: 
Saturday, July 25, 2020
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed.
Justice: 
WRIGHT

Plaintiff filed complaint challenging TIF ordinances approved by City to establish a certain TIF District under the Tax Increment Allocation Redevelopment Act. Court erred in granting summary judgment for Defendant, finding that there was "over 400 feet of contiguity" connecting parcels A and B within the TIF District, and "well over 1000 feet of contiguity" connecting parcels B and C, within the TIF District. Court faileddc to account for the difference between the boundaries of parcels A and B and the boundary of the TIF District. City cannot "jump" the natural gas right-of-way to establish contiguity between parcels A and B. As there is no other basis for contiguity between those parcels, TIF District is not contiguous under section 11-74.4-4(a) fo the Redevelopment Act. (LYTTON, concurring; HOLDRIDGE, specially concurring.)

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.