Local Government Law

HB 1277

Topic: 
Open Meetings Act
(Rita, D-Chicago; Martinez, D-Chicago) authorizes a public body to close a meeting between internal or external auditors and governmental audit committees, finance committees, and their equivalents if the discussion involves internal control weaknesses, identification of potential fraud risk areas, known or suspected frauds, and fraud interviews. Passed both chambers.
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National Rifle Association of America, Inc. v. City of Chicago, Ill.

Federal 7th Circuit Court
National Rifle Association of America, Inc. v. City of Chicago, Ill.
Civil Court
Attorney Fees
Citation
Case Number: 
Nos. 10-3957 et al. Cons.
Decision Date: 
June 2, 2011
Federal District: 
N.D. Ill., E. Div.
Holding: 
Reversed and remanded
Dist. Ct. erred in finding that plaintiffs in action alleging that defendants' ordinances banning possession of handguns violated Second Amendment were not entitled to attorney fees as prevailing parties in said action since defendants had repealed said ordinances after Supreme Ct. had found in McDonald v. Chicago, 130 SCt 3020, that Second Amendment applied to states' and municipalities' ordinances, but before Dist. Ct. could enter final judgment granting relief to instant plaintiffs. While Dist. Ct. found that plaintiffs were not entitled to attorney fees because it had dismissed as moot instant lawsuit based upon defendants' repeal of their ordinances, instant plaintiffs were prevailing parties under Buckhannon, 532 US 598 for purposes of award of attorney fees since: (1) Supreme Ct. had entered judgment in their favor; and (2) litigants, like defendants, who either surrender their position or settle case after unfavorable judgment are not entitled to vacatur of said judgment.

The Board of Education of Auburn Community Unit School District No. 10 v. The Illinois Department of Revenue

The Board of Education of Auburn Community Unit School District No. 10 v. The Illinois Department of Revenue
Illinois Supreme Court
Civil Court
Property Tax
Citation
Case Number: 
Nos. 110395, 110422 cons.
Decision Date: 
Thursday, May 19, 2011
District: 
4th Dist.
Division/County: 
Sangamon Co.
Holding: 
Appellate court reversed.
Justice: 
THEIS
The Divernon School District was dissolved and most of it was annexted to Sangamon County's Auburn School District, leaving a small amount of Auburn District land in Montgomery County. Property Tax Extension Limitation Law (PTELL) limits property tax increases by non-home-rule taxing districts. Montgomery County had not considered a PTELL referendum; however, the entire Auburn District remains subject to PTELL. Because PTELL was already applicable to Auburn District at time of annexation, it could only be removed from District pursuant to removal referendum process, but statutory conditions for removal were not met. (KILBRIDE, FREEMAN, THOMAS, GARMAN, KARMEIER, and BURKE, concurring.)

Innovative Modular Solutions v. Hazel Crest School Dist. 152.5

Illinois Supreme Court PLAs
Innovative Modular Solutions v. Hazel Crest School Dist. 152.5
Civil Court
Contracts
Citation
PLA issue Date: 
May 25, 2011
Docket Number: 
No. 112052
District: 
Appeal, 3rd Dist.
This case presents question as to whether trial court properly found that defendant-School District was required to pay plaintiff cancellation fees pursuant to terms contained in leases for portable classrooms, under circumstances where State, in invoking Downstate School Finance Authority for Elementary Districts Law subsequently gave Hazel Crest School District School Finance Authority (Authority) responsibility for defendant’s finances, and where Authority did not direct defendant to pay said fees. Appellate Court, in reversing trial court, found that once State gave Authority exclusive control over defendant’s finances, defendant had no statutory authority to pay its debt because defendant’s performance on said leases was legally impossible. Moreover, Appellate Court found that plaintiff could not obtain judgment against Authority for said fees.

Jackson v. Bd. of Election Commissioners of the City of Chicago

Illinois Supreme Court PLAs
Jackson v. Bd. of Election Commissioners of the City of Chicago
Civil Court
Elections
Citation
PLA issue Date: 
May 25, 2011
Docket Number: 
No. 111928
District: 
Appeal, 1st Dist.
This case presents question as to whether candidate for alderman in City of Chicago was ineligible to run for said post under section 3.1-10-5(b) of Ill. Municipal Code, where said candidate owed property taxes at time of candidacy? While Electoral Bd. found that payment of property taxes was not debt owed to City of Chicago, Appellate Court, in reversing Bd., found that candidate was ineligible to run since portions of property tax levied by City of Chicago are taxes due to City.

Ferguson v. Georges

Ferguson v. Georges
Illinois Appellate Court
Civil Court
Subpoenas
Citation
Case Number: 
No. 1-10-1152
Decision Date: 
Friday, April 29, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Reversed and remanded with instructions.
Justice: 
R.E. GORDON
Inspector General has authority to retain private counsel and file suit against City's Corporation Counsel, to seek to compel production of documents for ints investigation of a sole-source contract which City awarded to a former City employee; Corporation Counsel claimed that documents were protected by attorney-client privilege. (McBRIDE, concurring; CAHILL, dissenting.)

Filskov v. The Board of Trustees of the Northlake Police Pension Fund

Filskov v. The Board of Trustees of the Northlake Police Pension Fund
Illinois Appellate Court
Civil Court
Pensions
Citation
Case Number: 
No. 1-09-3151
Decision Date: 
Tuesday, April 5, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Reversed.
Justice: 
HARRIS
(Court opinion corrected 4/20/11.) Plaintiff police officer was injured while entering his unmarked police vehicle during patrol for gang activity; car unexpectedly moved forward and ran over his foot. Court entered judgment in favor of officer for an on-duty disability pension benefit, reversing Police Pension Fund's decision. Police Pension Fund's decision was not clearly erroneous because at time of injury, officer was not responding to a call, and he had yet to resume patrol, and he was attempting to enter rear seat of unmarked squad car in station's parking lot, moving items off the seat. This injury did not involve a "special risk" arising from his being a police officer, but an ordinary risk that all citizens assume when entering vehicle or moving items off seat of vehicle. (CONNORS, concurring; CUNNINGHAM, dissenting.)

Knoob Enterprises v. The City of Carbondale

Knoob Enterprises v. The City of Carbondale
Illinois Appellate Court
Civil Court
Liquor Control Act
Citation
Case Number: 
No. 5-09-0621
Decision Date: 
Monday, March 21, 2011
District: 
5th Dist.
Division/County: 
Jackson Co.
Holding: 
Reversed and remanded.
Justice: 
GOLDENHERSH
(Court opinion corrected 3/28/11.) City police officer closed bar in early morning hours for failure to have a valid license. Later that same day bar sued City, Liquor Control Commission, and Police Department. Court granted TRO and awarded damages incurred as a result of closing of bar, and three months later entered order dismissing complaint. Plaintiff was entitled to automatic stay, as Section 7-9 of Liquor Control Act allowing stay applies to an order having the effect of revocation and to denial of renewal application. Defendant should have been provided notice and opportunity to address the other issues raised by complaint, to make arguments for limiting damages including per Tort Immunity Act. (WELCH and DONOVAN, concurring.)

Figiel v. Chicago Plan Commission

Figiel v. Chicago Plan Commission
Illinois Appellate Court
Civil Court
Municipal Law
Citation
Case Number: 
No. 1-09-2584
Decision Date: 
Friday, March 4, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
FITZGERALD SMITH
Plaintiffs, all owners of property on East Randolph Street in Chicago, sued numerous Defendants, including Park District, City, City's Plan Commission, and aldermen, challenging City Council's decision to approve zoning amendment to allow construction of children's museum and a new park district field house facility on northeast corner of Grant Park, within 250 feet of Plaintiffs' property. Court properly dismissed complaint, as Section 11-13-25(a) of Municipal Code does not afford private property owners an independent cause of action to challenge amendment to zoning ordinance; and because Plaintiffs failed to comply with notice provisions of Section 11-13-8 of Municipal Code. (J. GORDON and HOWSE, concurring.)

Thompson v. Illinois State Board of Elections

Thompson v. Illinois State Board of Elections
Illinois Appellate Court
Civil Court
Election Code
Citation
Case Number: 
No. 1-10-0885
Decision Date: 
Thursday, January 13, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Reversed and remanded.
Justice: 
GALLAGHER
(Court opinion of 1/13/11 modified upon denial of rehearing.) Illinois State Board of Elections dismissed Complaint which contained allegations of various violations of Election Code in reporting loans and as to expenditures and contributions. Board's written order dismissed Complaint, finding that it was not filed on justifiable grounds, and matter did not proceed to public hearing. Record is unclear which of the reports filed by Respondents are accurate as to identity of parties that made loans in question, and thus allegation of false reporting of the identity of parties that loaned large sum of money to Defendant "Gorman Good Government Group" has some basis in fact and law, and Complaint therefore appears to have been filed on justifiable grounds. (HOFFMAN and LAVIN, concurring.)