Local Government Law

Moline School District v. Quinn

Moline School District v. Quinn
Illinois Supreme Court
Civil Court
Property Tax
Citation
Case Number: 
2016 IL 119704
Decision Date: 
Thursday, June 16, 2016
District: 
3d Dist.
Division/County: 
Rock Island Co.
Holding: 
Appellate court affirmed.
Justice: 
KARMEIER

Public Act 97-1161, effective in 2013, amended Property Tax Code to create exemption from property taxes on leasehold interests and improvements on real estate owned by Metropolitan Airport Authority of Rock Island County and used by a fixed base operator (FBO) to provide aeronautical services to the public. That law was specifically designed to provide a financial incentive for one FBO on that airport's premises to expand its operations there. That law is an arbitrary legislative classification not founded on any substantial difference of situation or condition, as there is no justification for distinguishing FBOs operating at that airport from other FBOs at other Illinois airports. Thus, the law violates the special legislation clause of the Illinois Constitution. (GARMAN, FREEMAN, THOMAS, KILBRIDE, and BURKE, concurring.)

House Bill 4603

Topic: 
Counties Code

(Tom Bennett, R-Pontiac; Barickman, R-Bloomington) amends the Counties Code to clarify that “all questions” or “ordinances” also includes any resolutions and motions that arise during meetings. It also allows a county at any properly noticed public meeting to take a single or omnibus vote by unanimous consent on any two or more questions, ordinances, resolutions, or motions. The bill states that this is declarative of existing law. It also requires public defenders in counties under one million population prepare and file monthly or quarterly written reports as determined by the county board. Passed both chambers. 

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Not applicable

Topic: 
Statutory Court Fee Task Force

The Access to Justice Act created the Statutory Court Fee Task Force to study the current system of fees, fines, and other court costs and propose recommendations to the Illinois General Assembly and Illinois Supreme Court. Its report may be found at the URL below. 

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Willie Pearl Burrell Trust v. City of Kankakee

Willie Pearl Burrell Trust v. City of Kankakee
Illinois Appellate Court
Civil Court
Municipal Law
Citation
Case Number: 
2016 IL App (3d) 150655
Decision Date: 
Friday, June 10, 2016
District: 
3d Dist.
Division/County: 
Kankakee Co.
Holding: 
Affirmed.
Justice: 
CARTER

Court properly granted summary judgment for City. Plaintiff trust owns several properties in City, and procured rental licenses for properties.  Plaintiff applied for renewal of rental licenses, but City took no action on applications as Plaintiff owed City over $43,000 for unpaid tickets for violations of Municipal Code. Plaintiff sought writ of mandamus to compel Defendant to comply with ordinance and act upon applications. Plain language of ordinance indicates that City is without authority to issue licenses to person who is indebted to City. Requirement that Plaintiff pay its debts to City prior to obtaining license renewal is not a taking. (SCHMIDT and WRIGHT, concurring.)

The Hampshire Township Road District v. Cunningham

The Hampshire Township Road District v. Cunningham
Illinois Appellate Court
Civil Court
Property Tax
Citation
Case Number: 
2016 IL App (2d) 150917
Decision Date: 
Thursday, June 9, 2016
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
JORGENSEN

Plaintiff, a township road district, sought to compel county clerk to extend a permanent road-fund tax authorized by electors and levied by township. Court properly granted summary judgment for clerk, and denied district's motion for summary judgment. Property Tax Extension Limitation Law (PTELL) limits increases in property-tax extensions and amounts levied by taxing districts in nonhome-rule counties to which PTELL applies. Permanent road tax is a new rate, but is not statutorily authorized to be imposed without referendum, as Highway Code requires. A new rate must be submitted to direct referendum pursuant to procedures in Section 18-190(a) of PTELL and Election Code. (McLAREN and BIRKETT, concurring.)

House Bill 4715

Topic: 
FOIA

(Bryant, R-Mt. Vernon; Radogno, R-Lemont) provides that a requester that files an action seeking to enforce a binding opinion will have a rebuttable presumption that the public body willfully and intentionally failed to comply with this Act if: the attorney general issues a binding opinion under § 9.5 and the public body does not file for administrative review nor comply with it within 35 days after the binding opinion is served on the public body. This presumption may be rebutted by the public body showing that it is making a good-faith effort to comply with the binding opinion, but the compliance was not possible within the 35-day time frame. This section applies to binding opinions of the attorney general requested or issued on or after January 1, 2017.

It also allows the court to impose an additional penalty of up to $1,000 for each day the violation continues if: the public body fails to comply with the court’s order after 30 days; the court’s order is not appealed or stayed; and the court does not grant the public body additional time to comply with a court order to disclose public records. Changes apply to actions filed on or after January 1, 2017.

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Senate Bill 2845

Topic: 
Supplementary proceedings

(Silverstein, D-Chicago; Lang, D-Skokie) makes the following changes to supplementary proceedings: (1) Clarifies that a petition to revive a judgment must served and an order entered for a judgment to be revived. (2) Requires the amount of the bond to be posted after an entry of an order of prejudgment attachment against the property of a debtor who may conceal property or flee the state. (3) Makes taxable as court costs of all charges relating to the electronic filing of cases and pleadings. (4) Under current law, a court must vacate a judgment and dismiss the action when a release or full satisfaction for judgment is filed by the prevailing party. This provides that a judge may do so. (5) Eliminates the sheriff’s levy sale of corporate stock as superseded by the Uninform Commercial Code or a citation to discover assets statute. Passed both chambers. 

 

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National Waste & Recycling Ass'n v. County of Cook

National Waste & Recycling Ass'n v. County of Cook
Illinois Appellate Court
Civil Court
Ordinances
Citation
Case Number: 
2016 IL App (1st) 143694
Decision Date: 
Thursday, May 26, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
COBBS

 (Court opinion corrected 6/3/16.) Plaintiff company filed action challenging certain provisions of county ordinance. Court properly found ordinance enforceable as county has statutory authority to enact challenged provisions of ordinance. General Assembly intended for each county to have primary Regulation of waste material within county’s boundaries is a subject that pertains to its local government and affairs. County has the most vital interest in determining a solution to problems arising from waste management.(HOWSE and ELLIS, concurring.)

Bd. of Education of Springfield School District No. 186 v. The Attorney General of Illinois

Illinois Supreme Court PLAs
Bd. of Education of Springfield School District No. 186 v. The Attorney General of Illinois
Civil Court
Open Meetings Act
Citation
PLA issue Date: 
May 25, 2016
Docket Number: 
No. 12043
District: 
4th Dist.

This case presents question as to whether trial court properly found that plaintiff-school board violated terms of Open Meetings Act when it terminated its superintendent during closed Bd. session. While Attorney General issued two binding opinions indicating that Bd. improperly took final action during closed Bd. session by signing separation agreement and failed to adequately inform public at subsequent public session about superintendent’s proposed termination prior to voting to approve agreement, Appellate Ct. found that mere signing of separation agreement during closed session did not violate Act because said action did not constitute final action on said agreement, which did not occur until Bd. voted to approve agreement during subsequent public session. Ct. further found that Bd.’s agenda for subsequent public session, which stated: “Approval of a Resolution regarding the…agreement…between…[Superintendent] and Bd.” provided public with sufficient notice of agreement under section 2(c) of Open Meetings Act.

The City of Chicago v. Alexander

Illinois Supreme Court PLAs
The City of Chicago v. Alexander
Civil Court
First Amendment
Citation
PLA issue Date: 
May 25, 2016
Docket Number: 
No. 120350
District: 
1st Dist.

This case presents question as to whether Chicago ordinance that prohibits individuals from remaining in Chicago parks from 11:00 pm to 6:30 am is constitutional, where defendants, who were protesters affiliated with Occupy Chicago movement, were arrested for violating said ordinance after they had failed to vacate Grant Park. Trial ct. found that said ordinance violated principles of equal protection, while Appellate Ct., in reversing trial court, rejected defendants’ arguments that selective enforcement of said ordinance violated equal protection clause. It further held that said ordinance did not violate defendants’ rights to free assembly under article I, section 5 of Illinois Constitution.