Local Government Law

Plaintiff, a registered voter, filed a lawsuit challenging changes made to a village ethics board through the referendum process, which called for the election of ethics board members rather than their appointment by the village board of trustees. Plaintiff argued that the referendum was not authorized by the Illinois Constitution. The appellate court agreed and affirmed the judgment of the circuit court, explaining that the state constitution did not authorize the changes made by the referendum because the ethics board members did not meet the definition of an “officer” for the purpose of elected office. (McBRIDE and COBBS, concurring)

Plaintiff, a former firefighter who was awarded a line-of-duty disability pension, filed a legal action under section 10 of the Public Safety Employee Benefits Act seeking reimbursement for health insurance premiums he paid after he was initially denied pension benefits. The trial court granted summary judgment in plaintiff’s favor and the defendant appealed. The appellate court affirmed, finding the trial court correctly concluded that plaintiff’s eligibility for benefits commenced on the date the pension fund initially denied his application for line-of-duty benefits and, further, that the trial court correctly concluded that plaintiff did not otherwise have access to health insurance benefits within the meaning of the Act. (FITZGERALD SMITH and PUCINSKI, concurring)

Plaintiff filed a lawsuit alleging wrongful termination of contract and tortious interference with contract and the defendant, a municipality, terminated a contract for information technology services. The trial court granted defendant’s motion to dismiss on the basis that the contract was void because it contained a 60-month term that exceeded the length of the term of the mayor in office at the time the contract was entered into, in violation of section 8-1-7(b) of the Illinois Municipal Code and plaintiff appealed. The appellate court reversed, finding that the municipality properly exercised its home rule authority when its board of trustees voted to pass the resolution approving the contract and, in doing so, the municipality superseded the Municipal Code and entered into a contract that exceeded the limitations of section 8-1-7(b). (MITCHELL and MIKVA, concurring)

Plaintiff appealed from the administrative decision of the defendant, the Illinois Liquor Commission, that affirmed a decision by a city liquor control commission not to renew the plaintiff’s liquor license after the plaintiff failed to meet the city commission’s deadlines to provide documentation for its renewal application. The appellate court affirmed, explaining that it could not find that the state liquor commission clearly erred in finding that the city liquor control commission did not abuse its discretion by declining to renew the license where plaintiff was provided written notice of the date by which the plaintiff’s application submissions were due. (C.A. WALKER and TAILOR, concurring)