Local Government Law

The City of Decatur, Illinois v. Ballinger

The City of Decatur, Illinois v. Ballinger
Illinois Appellate Court
Civil Court
Municipalities
Citation
Case Number: 
2013 IL App (4th) 120456
Decision Date: 
Tuesday, April 16, 2013
District: 
4th Dist
Division/County: 
Macon Co.
Holding: 
Affirmed.
Justice: 
TURNER
(Court opinion corrected 7/26/13.) Court properly held property owner (who had taken title to property per tax deed) was liable to City for demolition costs for improvements on two pieces of property which had been found unfit for human habitation. Even though owner had entered into contract to sell property, buyers stopped making payments and were discharged in bankruptcy. By being aware of City's nuisance proceeding, owner implicitly agreed to City's work just as a seller under Mechanics Lien Act. "Owner" under Municipal Code is not limited to a person in physical possession and control of the property. (POPE and HOLDER WHITE, concurring.)

City of Champaign v. Madigan

City of Champaign v. Madigan
Illinois Appellate Court
Civil Court
FOIA
Citation
Case Number: 
2013 IL App (4th) 120662
Decision Date: 
Tuesday, July 16, 2013
District: 
4th Dist.
Division/County: 
Sangamon Co.
Holding: 
Affirmed in part and reversed in part (No. 4-12-0751); dismissed (No. 4-12-0662).
Justice: 
POPE
Newspaper reporter made FOIA request for copies of electronic communications sent and received during city council meetings from members of council and mayor. To qualify as a public record a communication must pertain to business or community interests, as FOIA is not concerned with an individual's private affairs. If a communication pertaining to transaction of public business was sent or received during time city council meeting was in session, then communication is a "public record" and is subject to FOIA. Section 11.5 of FOIA does not provide for attorney fees. Section 11(a) of FOIA does not provide for injunctive relief during administrative review process, and thus requester's counterclaim was not appropriate pleading. (APPLETON and HOLDER WHITE, concurring.)

House Bill 183

Topic: 
Concealed carry amendatory veto
(Phelps, D-Harrisburg; Forby, D-Benton) authorizes Illinois residents to carry a concealed firearm. Governor Quinn amendatorily vetoed it yesterday, and the link below includes his message to the General Assembly explaining what he did and why. The General Assembly is scheduled to return to Springfield on July 9 at which time they may accept these changes or attempt to override them. The sponsors of the bill have said that they will attempt to override the amendatory veto.
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The City of Virginia v. Mitchell

The City of Virginia v. Mitchell
Illinois Appellate Court
Civil Court
Municipalities
Citation
Case Number: 
2013 IL App (4th) 120629
Decision Date: 
Friday, June 28, 2013
District: 
4th Dist.
Division/County: 
Cass Co.
Holding: 
Reversed.
Justice: 
HARRIS
After bench trial court found Defendant liable for city code violations as to vacant building. City failed to proved that Defendant was owner of property during time period of alleged violations. At trial Defendant presented quitclaim deed conveying property from Defendant to another person, whose testimony was sufficient to authenticate quitclaim deed as instrument of conveyance of property. Deed's reference to "road" instead of "street" was insufficient to declare deed void for uncertainty, as address and parcel ID number in deed made identification of property conveyed readily apparent. That grantee paid no consideration for property is irrelevant to whether deed is void. (STEIGMANN and APPLETON, concurring.)

Senate Bill 56

Topic: 
Mortgage Foreclosure Article
(Collins, D-Chicago; Cassidy, D-Chicago) does three things. (1) Defines a “bona fide tenant” substantially consistent with the 2009 federal Protecting Tenants at Foreclosure Act. (2) Requires a petitioner to wait 90 days (unless the lease term is longer than 90 days) before a forcible entry and detainer action may be used to terminate the possessory rights of a bona fide tenant in residential real estate. Orders of possession issued in the foreclosure proceeding will continue to be entered against the mortgagor. (3) Addresses the deficiency issue in the 2010 McGahan case as to what procedure the mortgagee must follow if a mortgagor dies. If the survivor holds a 100% interest in the property because the survivor is the deceased mortgagor’s surviving joint tenant or surviving tenant by the entirety, a special representative for the deceased mortgagor need not be appointed. Passed both chambers.
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House Bill 1203

Topic: 
Counties Code and legal descriptions
(Sosnowski, R-Rockford; Althoff, R-McHenry) deletes the requirement that the required notice for a text or map amendment to include a metes and bounds legal description of the property affected as long as the notice does include the common street address or addresses and property index number (“PIN”) of all the parcels of real property contained in the affected area. Passed both chambers.
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House Bill 2454

Topic: 
Township notices
(Fortner, R-West Chicago; Althoff, R-McHenry) requires that certain notices must be posted not less than 15 days (now 10 days) before the township meeting. Also requires that not less than 15 days (rather than 10 days) before the annual meeting, the township board must adopt an agenda for the annual meeting. Provides that by a vote of the majority of electors present at a town meeting, the electors may authorize that an advisory question of public policy “directly related to the business of the township” be placed on the ballot at the next regularly scheduled election in the township. Passed both chambers.
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