Local Government Law

Senate Bill 59

Topic: 
Juror fees
(Mulroe, D-Chicago) repeals the recently enacted increase in juror fees if the county board determines that it cannot pay them. It requires the county board to enact new fees not less than the old law of $4, $5, or $10 a day and mileage. Senate Bill 59 doesn’t repeal the recently enacted change in civil cases from a 12-person jury to a six-person jury. Introduced and assigned to the Senate Committee on Assignments.

Public Act 98-1132

Topic: 
Jury size and pay
(Burke, D-Evergreen Park; Mulroe, D-Chicago) makes the following changes for juror pay: (1) Requires counties to pay jurors $25 for the first day of service and thereafter $50 for each day of service. (2) Deletes the current requirement to pay for jurors’ travel expenses. (3) Requires all trials by jury in civil cases to be six jurors but still requires that the verdict be unanimous. If alternate jurors are requested, an additional fee established by the county must be charged for each alternate juror requested. Effective date is June 1, 2015.

Public Act 98-1129

Topic: 
FOIA
(Currie, D-Chicago; Hastings, D-Matteson) defines "voluminous request." Provides that a public body shall comply with specified notice requirements and deadlines in responding to a voluminous request. Provides that when a requester makes a voluminous request, the public body may charge specified fees for electronic data. Provides that, with specified exceptions, a public body is not required to copy and make available for public inspection a public record that is published on the public body's website. Makes corresponding changes. Effective Dec. 3, 2014.

Senate Bill 2799

Topic: 
FOIA

(Currie, D-Chicago) amends the FOIA Act to do two things. (1) It expands exemption (f) to include “correspondence” as exempt from a FOIA request. But this exemption is waived if and only if the specific record is publicly cited and identified by the head of the public body. If the specific record is publicly cited and identified by the head of the public body, then only those portions of the specific record publicly cited and identified are no longer exempt. Records exempt from disclosure under this subsection and not publicly cited and identified by the head of the public body, including, but not limited to, purely factual material, remain exempt regardless of whether the record was adopted or incorporated into a final decision of the public body. (2) If the public body produces the records after a suit has been filed under this Section, but before the court renders a final judgment, the court must award reasonable attorney’s fees and costs if the court imposes a civil penalty under subsection (j). For purposes of this subsection (i), a requester “prevails” if the person obtains relief through: (a) a court-approved settlement or consent decree; or (b) a final unappealable judgment from a court of competent jurisdiction. House Amendment No. 3 remains in House Executive Committee.

Senate Bill 3075

Topic: 
Juror fees and jury composition
(Madigan, D-Chicago; Mulroe, D-Chicago) makes the following changes for juror pay: (1) Requires counties to pay jurors $25 for the first day of service and thereafter $50 for each day of service. (2) Deletes the current requirement to pay for jurors’ travel expenses. (3) Requires all trials by jury in civil cases to be six jurors but still requires that the verdict be unanimous. If alternate jurors are requested, an additional fee established by the county must be charged for each alternate juror requested. Effective date would be June 1, 2015. Senate Bill 3075 is scheduled for hearing Dec. 1 in House Judiciary Committee.

Gurba v. Community High School District No. 155

Illinois Appellate Court
Civil Court
Zoning
Citation
Case Number: 
2014 IL App (2d) 140098
Decision Date: 
Wednesday, September 3, 2014
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Affirmed.
Justice: 
BIRKETT
(Court opinion corrected 10/3/14.) Plaintiffs own land adjacent to high school football stadium. Plaintiffs objected to School District's decision to build bleachers that violated city zoning and stormwater ordinances as they were too big, too high, and too close to property line. School Board decided to reconstruct and relocate home bleachers but did not notify City or comply with City zoning ordinances. Court properly held that School Board was subject to City ordinances. Requiring conformity to City ordinances does not prevent Board and District from carrying out their duties to provide public education to residents of District. Regulation of zoning and land use of District's property pertains to government and affairs of City. (BURKE and SCHOSTOK, concurring.)

BLTREJV3 Chicago, LLC v. The Kane County Board of Review

Illinois Appellate Court
Civil Court
Property Taxes
Citation
Case Number: 
2014 IL App (2d) 140164
Decision Date: 
Wednesday, September 3, 2014
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
McLAREN
Tax appeals sent to Kane County Board of Review are not timely when deposited with a third-party commercial carrier (such as FedEx) on due date for filing appeal of property tax assessment. Board had adopted and published rules of procedure that incorporated the Statute on Statutes, which has a "mailbox rule" providing that a document is deemed "filed" as of date of mailing via U.S. mail. Board rules state that "mailbox rule" does not apply to communications delivered by FedEx or other commercial or non-commercial delivery entity. Had Petitioners sent tax appeals via U.S. mail, the postmark would have served as date of filing, and Board would have considered appeals timely.(BURKE and JORGENSEN, concurring.)

Public Act 98-1030

Topic: 
The Home Repair and Construction Task Force
(Williams, D-Chicago; Koehler, D-Peoria) creates the the Home Repair and Construction Task Force to study whether Illinois should enact legislation that requires home repair and construction contractors to be licensed by the State before being able to offer home repair and construction services and what are the qualifications that contractors must meet before being licensed. The Task Force must report back to the Illinois General Assembly on or before Nov. 1, 2015.

Platform I Shore, LLC v. The Village of Lincolnwood

Illinois Appellate Court
Civil Court
Ordinances
Citation
Case Number: 
2014 IL App (1st) 133923
Decision Date: 
Monday, August 18, 2014
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Reversed and remanded.
Justice: 
HOFFMAN
(Court opinion corrected 8/22/14.) Based on plain, unambiguous language of village zoning ordinance, proposed target shooting range is a permitted use as of right under ordinance's provision related to "health club or private recreation." Target shooting is considered a sport, and thus falls within broad language of "recreation" found in ordinance. (CONNORS and CUNNINGHAM, concurring.)