Local Government Law

House Bill 160

Topic: 
Forcible entry and detainer
(Thapedi, D-Chicago) provides that the owner may recover rent or a fair and reasonable satisfaction for use and occupation if the lands or tenements are held by a tenant who is a defendant in an eviction or possession action who continues to maintain possession of the land throughout the duration of the pending eviction or possession action. If an order for use and occupancy is granted to the plaintiff and the defendant violates the order by willfully failing to pay the ordered amount, it requires the court to set a firm trial date for the pending eviction possession action no less than seven days from the date that this order is entered. Makes the defendant responsible for the plaintiff’s costs and attorney’s fees. If the defendant is successful in the underlying eviction or possession action, the defendant is entitled to the return of any use and occupancy payments made to the plaintiff on his or her behalf plus statutory interest. Exempts property subject to the Condominium Property Act. To be heard in House Judiciary Committee next week.

House Bill 201

Topic: 
Trades and proof of insurance
(Fine, D-Glenview) requires the Department of Financial and Professional Regulation to accept proof of bond insurance for general liability coverage from general contractors, painters, drywallers, HVAC technicians, and electricians. DPR then must publish this on a publicly accessible website. It prohibits a unit of local government from requiring these trades to submit additional proof of bond insurance for general liability coverage or assess a fee associated with the proof of bond insurance to do business in that jurisdiction if they do this. Just introduced and referred to House Rules Committee.

Gurba v. Community High School Dist. No. 155

Illinois Supreme Court PLAs
Civil Court
Zoning
Citation
PLA issue Date: 
January 28, 2015
Docket Number: 
Nos. 118332 & 118369 Cons.
District: 
2nd Dist.
This case presents question as to whether trial court properly granted plaintiffs-property owners’ motion for summary judgment in action seeking to privately enforce City’s zoning and stormwater ordinances as they applied to defendant-school district’s decision to reconstruct bleachers in one of its high school football stadiums that adjoined plaintiffs’ property. Appellate Court, in affirming trial court, found that instant construction project was subject to City’s zoning and stormwater ordinances and rejected defendant’s claim that under Ill. Constitution and School Code, City’s power of zoning and stormwater ordinances stopped at border of school’s property, and that issuance of building permit by regional school superintendent negated any need to obtain special use permit under said ordinances.

House Bill 340

Topic: 
DUI imprisonment
(Wheeler, R-Cystal Lake) amends the Illinois Vehicle Code to require a minimum term of imprisonment of 10 consecutive days if a person is convicted of driving on a revoked or suspended license for driving under the influence or a statutory summary suspension if there is any amount of alcohol or illegal drug in his or her breath, blood, or urine. Just introduced and referred to House Rules Committee.

House Bill 304

Topic: 
Notice and change of addresses
(Brady, R-Normal) amends the Clerks of Courts Act to allow the circuit court clerk to reasonably rely upon any notice of the party’s change of address received from the United States Postal Service as a true and correct statement of the party’s current residential address. Applies to any notification required by law to be made by the circuit clerk to a party. Just introduced and referred to House Rules Committee.

The City of Chicago v. Eychaner

Illinois Appellate Court
Civil Court
Eminent Domain
Citation
Case Number: 
2015 IL App (1st) 131833
Decision Date: 
Wednesday, January 21, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
HYMAN
(Court opinion corrected 1/26/15.) City exercised its power of eminent domain to take Defendant's property and transfer it to a chocolate company. Court denied Defendant's traverse and motion to dismiss. Jury valued Defendant's land at $2.5 million after trial on just compensation. City may use eminent domain to take property in a conservation area to prevent future blight. Court erred in refusing to exclude reference to land's PMD (planned manufacturing district) zoning. Defendant was not prejudiced when City chose to call expert witnesses Defendant had formerly retained but chose not to call at trial. Court erred in limiting testimony of one of Defendant's previously-retained experts. Appellate court ordered new trial on just compensation. (PUCINSKI and LAVIN, concurring.)

House Bill 175

Topic: 
Open Meetings Act
(McSweeney, R-Cary) provides that a request for review may be filed no later than 60 days after the discovery of an alleged violation of the Act (instead of 60 days after the alleged violation) if facts concerning the violation are not discovered within 60 days after the alleged violation but are discovered at a later date by a person using reasonable diligence. Introduced and assigned to House Rules Committee.