Local Government Law

Public Act 97-385

Topic: 
FOIA and park districts
(Biss, D-Evanston; Schoenberg, D-Evanston) exempts from the Act's disclosure requirements the names, addresses, and personal information of minors who are participants in the programs of park districts, forest preserve districts, conservation districts, recreation agencies, and special recreation associations. Effective August 15, 2011.
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Public Act 97-318

Topic: 
Open Meetings Act: audits
(Rita, D-Blue Island; Martinez, D-Chicago) authorizes a public body to close a meeting between internal or external auditors and governmental audit committees or finance committees when the discussion involves internal-control weaknesses or fraud issues. Effective January 1, 2012.
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Public Act 97-336

Topic: 
Notices and PIN numbers
(Tryon, R-Crystal Lake; Althoff, R-Crystal Lake) removes the Municipal Code requirement for a metes and bounds legal description in a notice concerning annexation, special uses, variations, or specified zoning hearings if the notice includes: (1) the common street address or addresses; and (2) the PIN number or numbers of all the parcels of real property contained in the affected area. Effective August 12, 2011.
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Moore v. The Grafton Township Board of Trustees

Moore v. The Grafton Township Board of Trustees
Illinois Appellate Court
Civil Court
Injunctions
Citation
Case Number: 
2011 IL App (2d) 110499
Decision Date: 
Monday, August 8, 2011
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Reversed and remanded.
Justice: 
HUDSON
Court issued mandatory injuniction directing township Board of Trustees to confirm township supervisor's nomination for township attorney. Court's order was in derogation of separation-of-powers doctrine and plain language of controlling statute, as order compelled a discretionary legislative act. As controlling statute contains no clear criteria for the court to use to resolve the case, under the political question doctrine the court has no role in reviewing whether appointment of attorney should be confirmed. (McLAREN and SCHOSTOK, concurring.)

Kansas City Southern Railway Co. v. Koeller

Federal 7th Circuit Court
Kansas City Southern Railway Co. v. Koeller
Civil Court
Railroads
Citation
Case Number: 
No. 10-2333
Decision Date: 
July 27, 2011
Federal District: 
C.D. Ill.
Holding: 
Reversed and remanded
Dist. Ct. erred in finding that it lacked authority under Railroad Revitalization and Regulatory Reform Act to enjoin assessment imposed by defendant-Drainage District when it altered pre-existing formula to assess plaintiffs-railroads for costs associated with maintaining flood levees erected to protect plaintiffs' and other individuals' land within District. Assessment imposed on plaintiffs and other landowners is properly viewed as tax, and District's tax discriminated against plaintiffs so as to potentially entitle them to injunction under Act where formula used to assess tax on plaintiffs' land overstated value of said land when compared to other industrial and commercial properties. On remand, Dist. Ct. should enjoin instant assessment and permit defendant to craft different formula.

House Bill 1958

Topic: 
County prisoners and childbirth
(Gabel, D-Evanston; Hutchinson, D-Chicago Heights) creates security procedures for pregnant prisoners in county jails in counties of more than one million residents. It prohibits correctional officials from applying security restraints to a pregnant prisoner while at a medical facility for her pregnancy unless the officials make an individualized determination that the prisoner is a substantial flight risk or some other extraordinary circumstances requires security restraints. All restraints must be removed on the request of medical personnel. House Bill 1958 is in the Senate awaiting concurrence to House Amendment No. 3.
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Donovan v. County of Lake

Donovan v. County of Lake
Illinois Appellate Court
Civil Court
Tort Immunity Act
Citation
Case Number: 
No. 2-10-0390, 2011 IL App (2d) 100390
Decision Date: 
Friday, July 8, 2011
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
BIRKETT
Plaintiffs filed class action to prevent County from issuing revenue bonds repayable solely by water system customers. Plaintiffs have not alleged any actual property loss above and beyond their disappointed commercial expectations, which must be shown to recover in negligence for damages caused by allegedly unfit drinking water; thus, their negligence count was barred by Moorman doctrine. County met its burden to establish that it was shielded from immunity from negligence per Section 2-201 of Tort Immunity Act. Court properly dimsissed breach of contract claim brought under contract which was later modified. County had direct statutory authority to issue revenute bonds payable solely by water system customers. (McLAREN and HUTCHINSON, concurring.)

Illinois Zoning Law Six Years after Klaeren

By George L. Schoenbeck
February
2009
Article
, Page 84
Legislation and subsequent cases have resolved some ambiguities in the landmark Klaeren decision while giving rise to others.