Local Government Law

Jackson v. The City of Chicago

Illinois Appellate Court
Civil Court
Municipal Law
Citation
Case Number: 
2012 IL App (1st) 111044
Decision Date: 
Friday, June 29, 2012
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Affirmed.
Justice: 
R.E. GORDON
Plaintiff challenged constitutionality of city ordinances allowing impoundment of her vehicle when police found two persons smoking cannabis in vehicle. Section 7-24-225 of Chicago Municipal Code does not violate a vehicle owner's substantive due process rights, and is not an unreasonable seizure. Section 2-14-132(3) of Chicago Municipal Code does not violate a vehicle owner's procedure due process rights, does not violate separation of powers, and is not an impermissible taking. Sections 2-14-132(7) and 2-14-080 of Chicago Municipal Code do not violate vehicle owner's due process right to confront witnesses. (LAMPKIN and PALMER, concurring.)

100 Lake v. Novak

Illinois Appellate Court
Civil Court
Tax
Citation
Case Number: 
2012 IL App (2d) 110708
Decision Date: 
Friday, June 22, 2012
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
BOWMAN
Plaintiff companies filed tax objection complaints against county treasurer for two tax years, alleging that Community College District was obligated to issue general obligation bonds at lowest possible interest rates. Court properly granted summary judgment for District, as bonds were issued at interest rates of 7% and 9%, thus within the statutory limit, and not violating 9% ceiling set in Bond Authorization Act, which is specifically incorporated in Public Community College Act. (SCHOSTOK and HUDSON, concurring.)

1940 LLC v. The County of McHenry

Illinois Appellate Court
Civil Court
Zoning
Citation
Case Number: 
2012 IL App (2d) 110753
Decision Date: 
Wednesday, June 13, 2012
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Affirmed.
Justice: 
McLAREN
Per Section 5-12014(b) of Illinois Counties Code, petition for amendment of zoning ordinance map requires affirmative votes of more than half of all members of county board for passage. County Board's determination that petition failed which received 11 affirmative votes, less than the 13 votes required for passage, was not error. (JORGENSEN and HUDSON, concurring.)

Public 97-692

Topic: 
Charity drives of cops and firefighters
(Mulroe, D-Chicago; Moffitt, R-Galesburg) requires cities and counties to allow charitable organizations to solicit funds on public roadways from passing motorists if the organizations request under this statute. Preempts home rule. Effective June 15, 2012.

Senate Bill 409

Topic: 
Special service area
(Link, D-Lincolnshire; Cassidy, D-Chicago) makes three changes to the notice and hearing procedure for a proposed property tax levy in a special service area. (1) The notice must include the proposed amount of the tax levy for the initial year. (2) The public hearing may not be held less than 60 days after the adoption of the ordinance proposing a special service area. (3) Requires notice must be given and a hearing held on the reason for the increase if the estimated special service area tax levy is more than 105% of the amount extended for special service area purposes for the preceding levy year. Exempts the initial year of the tax levy. Passed both chambers.

House Bil 5362

Topic: 
Sales tax proceeds
(Fortner, R-West Chicago; Althoff, R-Crystal Lake) extends from 2015 to 2020 of non-home rule municipalities to use sales tax proceeds for municipal operations, in addition to or in lieu of any expenditure on public infrastructure or for property tax relief. It is limited to taxes approved by referendum on or after July 14, 2010. Passed both chambers.

House Bill 4687

Topic: 
Open Meetings Act
(Pihos, R-Glen Ellyn; Dillard, R-Westmont) makes two changes to the Open Meetings Act. (1) An agenda must set forth the general subject matter of any resolution or ordinance that will be the subject of final action at a meeting. (2) The public body must ensure that at least one copy of any notice and agenda for the meeting is continuously available for public review during the entire 48-hour period before the meeting. Posting on its website satisfies this requirement, but if a notice or agenda is not continuously available for the full 48-hour period because of events outside of the control of the public body, then that lack of availability does not invalidate any meeting or action taken at a meeting. Passed both chambers.

HJRCA 49

Topic: 
Constitutional amendment for pension increases
(Madigan, D-Chicago; Cullerton, D-Chicago) will be on the ballot this November for Illinois citizens to approve or reject. It requires a super-majority vote (3/5ths) of each chamber to the General Assembly to pass any bill that provides a “benefit increase” under any pension or retirement system of the State, unit of local government, or school district. It also requires a 2/3rd vote of each chamber to override a gubernatorial veto of a benefit increase.