Local Government Law

Cabral v. City of Evansville, Ind.

Federal 7th Circuit Court
Cabral v. City of Evansville, Ind.
Civil Court
Standing
Citation
Case Number: 
No. 13-2914
Decision Date: 
June 25, 2014
Federal District: 
S.D. Ind., Evansville Div.
Holding: 
Appeal dismissed
Ct. of Appeals dismissed for lack of standing appeal by applicant/intervenor seeking from defendant permit to erect thirty-one crosses in defendant’s downtown area where: (1) plaintiff successfully obtained in Dist. Ct. injunction prohibiting defendant from issuing said permit; (2) defendant did not appeal Dist. Ct. order; (3) defendant could prohibit applicant’s display regardless of any order that Ct. of Appeals might issue in instant appeal; and (4) applicant’s injury arising out of injunction was only derivative and was not traceable to defendant. Ct. also observed that applicant was free to seek another permit from defendant and would have standing to appeal any denial of permit by defendant.

Public Act 98-653

Topic: 
Township meetings
(Harmon, D-Oak Park; Fortner, R-West Chicago) requires that certain notices must be posted 15 days (now, 10 days) before the township meeting and before the public hearing. Authorizes any group of registered voters to request an advisory opinion of public policy to be considered by the electors at the annual meeting with proper written notice to the township clerk in the same manner as required for an agenda item, which shall then be published on the township board's agenda. Effective June 18, 2014.
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Independent Voters of Illinois Independent Precinct Organization v. Ahmad

Independent Voters of Illinois Independent Precinct Organization v. Ahmad
Illinois Appellate Court
Civil Court
Home Rule
Citation
Case Number: 
2014 IL App (1st) 123629
Decision Date: 
Friday, June 20, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
ROCHFORD
Taxpayer challenge to city's concession agreement with parking meter company whereby city transferred its metered parking system and all parking meter revenue for 75 years, in exchange for one-time payment of $1.156 billion. Court properly dismissed certain claims per Section 2-615 and granted summary judgment for Defendants on remainder of claims. Home rule provision is not violated by compensation provisions of agreement, as agreement expressly reserves city's authority to exercise all its police powers over metered parking system. (HALL and LAMPKIN, concurring.)

King's Health Spa, Inc. v. The Village of Downers Grove

King's Health Spa, Inc. v. The Village of Downers Grove
Illinois Appellate Court
Civil Court
Ordinances
Citation
Case Number: 
2014 IL App (2d) 130825
Decision Date: 
Wednesday, June 11, 2014
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed (No. 2-13-0825); reversed and judgment entered (Nos. 2-13-0825 and 2-13-0978)
Justice: 
ZENOFF
Two massage businesses filed petitions for writ of certiorari seeking review of decisions by massage business commissioner of Village revoking Plaintiffs’ massage establishment licenses. Commissioner did not abuse his discretion in revoking licenses of both businesses. Village presented evidence of conduct of employee in soliciting prostitution of undercover police officer, and massage business presented minimal mitigation evidence of measures to prevent prostitution. (JORGENSEN and BIRKETT, concurring.)

Public Act 98-650

Topic: 
Ticket quotas prohibited
(Manar, D-Bunker Hill; Hoffman, D-Collinsville) prohibits the use of ticket quotas by law enforcement officers employed by the State, county, or unit of local government. It prohibits the unit of government from requiring a law enforcement officer to issue a specific number of citations within a designated period of time. It also prohibits the unit of government from comparing the number of citations issued by the law enforcement officer to the number of citations issued by any other law enforcement officer who has similar job duties to evaluate a law enforcement officer’s job performance. Exempts a municipality with its own independent inspector general and law enforcement review authority. It also preempts home rule. Effective Jan. 1, 2015.
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House Bill 8

Topic: 
Employment and pregnancy
(Flowers, D-Chicago; Hutchinson, D-Chicago Heights) amends the Illinois Human Rights Act to prohibit unlawful discrimination by an employer for pregnancy and require reasonable accommodation to a job applicant or employee for issues related to pregnancy or childbirth. Passed both chambers.
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Public Act 98-633

Topic: 
Workers' Compensation Act
(Raoul, D-Chicago; Bradley, D-Marion) provides that there is no right to recover damages for injury or death, other than the compensation provided under the Act, from a service organization that is wholly owned by the employer or the employer’s insurer or broker and that provides safety service, advice, or recommendations. Current law immunizes from common law liability if the service organization is retained by the employer or the employer’s insurer or broker to provide safety service, advice, or recommendations. Effective June 5, 2014.
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Senate Bill 2829

Topic: 
Administrative review and attorney's fees
(Link, D-Lake Bluff; Zalewski, D-Chicago) allows court to award attorney’s fees for the prevailing party in certain administrative-review actions. It applies only to the decision of a code-hearing officer that imposes a fine or penalty against the owner of a single-family or multi-family residential dwelling for a violation relating to the condition or use of that residential property. It is limited to municipalities with a population of 500,000 or less. The court may award the plaintiff all reasonable costs, including court costs and attorney’s fees, if the court finds that (1) the hearing officer’s decision was arbitrary and capricious; or (2) the defendant failed to file a record under Section 3-108 of the Code of Civil Procedure that is sufficient to allow the court to determine whether the hearing officer’s decision was arbitrary and capricious. The court may award the municipality the same damages if the court finds that the plaintiff’s action seeking administrative review is not reasonably well grounded in fact, is not warranted by existing law, or is not accompanied by a reasonable argument for the extension, modification, or reversal of existing law. Passed both chambers.
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The Village of Lake in the Hills v. Niklaus

The Village of Lake in the Hills v. Niklaus
Illinois Appellate Court
Civil Court
Home Rule
Citation
Case Number: 
2014 IL App (2d) 130654
Decision Date: 
Thursday, May 15, 2014
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Affirmed.
Justice: 
HUDSON
(Court opinion corrected 5/30/14.) Municipal Code indicates legislature's intent that a home-rule municipality can enforce order entered by its administrative adjudication hearing officer. Village properly attempted to enforce orders assessing fines for ordinance violations by filing petitions to enforce administrative adjudication orders, accompanied by exemplified copies of relevant adjudication orders. Once orders were properly enrolled Village could commence collection proceedings.(BURKE and McLAREN, concurring.)

Kathrein v. City of Evanston, Ill.

Federal 7th Circuit Court
Kathrein v. City of Evanston, Ill.
Civil Court
Tax Injunction Act
Citation
Case Number: 
No. 12-2958
Decision Date: 
May 15, 2014
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not err in dismissing on jurisdictional grounds plaintiffs’ lawsuit alleging that defendant’s Affordable Housing Demolition Tax violates 5th and 14th Amendments, as well as other provisions of state law, where Tax Injunction Act (TIA) prohibits federal courts from enjoining, suspending or restraining assessment of any tax under state law. While Ct. of Appeals panel originally determined that defendant’s Demolition Tax was actually regulatory device and not tax within meaning of TIA, such that plaintiffs could proceed on their case on remand, Ct. of Appeals’ subsequent en banc ruling in Empress Casino Joliet Corp., 651 F.3d 722, that expressly disagreed with instant panel’s decision, allowed Dist. Ct. to again find on remand that Demolition Tax was tax within meaning of TIA, so as to preclude plaintiffs from proceeding on their action.