Local Government Law

Ferguson v. Georges

Illinois Supreme Court PLAs
Civil Court
Privilege
Citation
PLA issue Date: 
September 28, 2011
Docket Number: 
No. 112488
District: 
1st Dist.
This case presents question as to whether trial court properly dismissed action by plaintiff-Chicago Inspector General seeking to enforce subpoena issued against defendant-Chicago Corporate Counsel for certain un-redacted copies of documents that defendant claimed were shielded from discovery by attorney-client privilege? Appellate Court, in reversing trial court, found that plaintiff had authority to retain private counsel for purpose of filing instant lawsuit, and that remand was necessary to determine whether subpoenaed documents were shielded by attorney-client privilege. (Dissent filed.)

LeCompte v. Zoning Board of Appeal for the Village of Barrington Hills

Illinois Appellate Court
Civil Court
Zoning
Citation
Case Number: 
2011 IL App (1st) 100423
Decision Date: 
Wednesday, September 21, 2011
District: 
1st Dist.
Division/County: 
3d Div.
Holding: 
Affirmed.
Justice: 
NEVILLE
Village Zoning Board upheld a Village order directing homeowners to stop using their property for commercial boarding of horses because it was not a permitted agricultural use in R-1 zoned district. Commercial boarding of horses is not "agriculture" as defined in Village's Zoning Code. That "animal husbandry" and "breeding and raising horses" are described as included within Code's definition of agriculture does not indicate that commercial boarding is considered as agriculture. (QUINN and MURPHY, concurring.)

Public Act 97-504

Topic: 
Open Meetings Act and training compliance
(Burke, D-Oak Lawn; Crotty, D-Oak Forest) changes the compliance date for the Attorney General's electronic training of elected or appointed members of a public body. If you are a member on Jan. 1, 2012, you must complete the training by Jan. 1, 2013. If you become a member after Jan. 1, 2012, you must complete the training no later than 90 days after you are sworn into office or assume the duties of office. School board members may comply by participating in training sponsored or conducted by an organization under Section 23 of the School Code. Effective Jan. 1, 2012.

Public Act 97-579

Topic: 
FOIA and "recurrent requesters"
(Currie, D-Chicago; Harmon, D-Oak Park) creates separate FOIA guidelines for "recurrent requestors" to be answered within a reasonable period considering the size and complexity of the request. A "recurrent requestors" is a person who in the 12 months immediately preceding a request has submitted to the same public body any of the following: (1) a minimum of 50 requests for records, (2) a minimum of 15 requests for records within a 30-day period, or (3)seven requests within a seven-day period. News media and non-profit, scientific or academic organizations are exempt if the principal purpose of the request is academic, scientific, or public research or education. A requestor for commercial purposes may not appeal to the public access counselor except for the limited purpose of reviewing whether the public body properly determined that the request was made for a commercial purpose. Effective August 26, 2011.

Demos v. Pappas

Illinois Appellate Court
Civil Court
Interest
Citation
Case Number: 
2011 IL App (1st) 100829
Decision Date: 
Monday, August 15, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Reversed and remanded.
Justice: 
ROCHFORD
Court improperly imposed 9% interest on indemnity-fund judgment, per postjudgment interest provision of Interest Act. Provision in Act for 6% interest should apply to judgment, as Treasurer, who is judgment debtor and as trustee of indemnity fund is a governmental entity. Indemnity fund falls within definition of "county moneys" and is not "private property." Fund consists of monies held for future awards for unspecified persons, and excesses in indemnity fund may revert to general fund of county. (HALL and LAMPKIN, concurring.)

Public Act 97-552

Topic: 
Municipalities and zoning
(Senger; R-Naperville; Sandack, R-Downers Grove) allows municipalities of fewer than 500,000 to adopt rules of procedure or authorize zoning board of appeals and any other board, commission, or committee that conducts similar public hearings to do so. Effective August 25, 2011.

Public Act 97-561

Topic: 
Repeat offenders of county ordinances
(Gordon, D-Peoria; Koehler, D-Peoria) allows a “repeat offender” of property maintenance codes to be served by a notice to appear. A repeat offender is any person who has been found guilty of two or more similar violations of a property maintenance code at the same location in a 36-month period. Effective January 1, 2012.

Public Act 97-561

Topic: 
Repeat offenders of county ordinances
(Gordon, D-Peoria; Koehler, D-Peoria) allows a “repeat offender” of property maintenance codes to be served by a notice to appear. A repeat offender is any person who has been found guilty of two or more similar violations of a property maintenance code at the same location in a 36-month period. Effective January 1, 2012.

Bocanegra v. The City of Chicago Electoral Board

Illinois Appellate Court
Civil Court
Elections
Citation
Case Number: 
2011 IL App (1st) 110424
Decision Date: 
Monday, August 1, 2011
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Affirmed.
Justice: 
HOFFMAN
(Court opinion corrected 8/23/11.) Petitioner filed objections to candidacy of Respondent for alderman, claiming that he failed to timely file statement of financial interests with Ethics Board according to five-day requirement of City Campaign Financing Ordinance. Plain language of Illinois Municipal Code does not provide or imply that a municipality has authority to alter requirements for elective office by passage of ordinance. Where ordinance has not been passed by referendum, failure to comply with its terms cannot be enforced by removal of a candidate's name from ballot. (HALL and ROCHFORD, concurring.)

Parents United For Responsible Education v. Board of Education of the City of Chicago

Illinois Appellate Court
Civil Court
School Law
Citation
Case Number: 
2011 IL App. (1st) 102901
Decision Date: 
Tuesday, July 26, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
CONNORS
(Court opinion corrected 8/23/11.) City's Board of Education may designate a school in City of Chicago a "small school", or close the school and open an alternative school in its place, without holding Local School Council (LSC) elections and ceding governing authority over the school to LSC, per exemption of Section 34-2.4b of School Code. That provision gives School Board authority to directly govern alternative schools and to open and close schools. (KARNEZIS and HARRIS, concurring.)