Local Government Law

The newsletter of the ISBA’s Section on Local Government Law

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2000 Articles

Anatomy of a conflict By Michael R. Berz November 2000 Local government attorneys must be cautious before representing clients against their former municipal clients.
Attorney general issues opinions affecting units of local government By Lynn Patton September 2000 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 1998)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties.
Attorney general issues opinions affecting units of local government By Lynn Patton May 2000 Under section four of the Attorney General Act (15 ILCS 205/4 (West 1998)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties.
Beware the procedural pitfalls of vacating roads By Jeffrey A. Mollet May 2000 As with many aspects of the law, the procedural mechanisms established by statute can pose an enormous burden on elected officials who are trying to discharge the duties of their office.
Beyond the pension code: A review of police and fire disability and death benefits By Shawn P. Flaherty April 2000 Police protection and fire protection are arguably the two most important services provided by local government.
Briefly noted… by the editor April 2000 A single violation of departmental rules authorizes dismissal. Moreover, where the plaintiff violated certain departmental rules of conduct when he chose to lie during a departmental investigation, discharge was an appropriate sanction.
Can a bank foreclose on an annexation agreement? By Christian Spesia March 2000 The Village Administrator calls to tell you that the Village has been named a defendant in a mortgage foreclosure suit.
Challenging a highway commissioner’s failure to discharge his statutory obligations—can you win? By Jeffrey A. Mollet February 2000 As the world becomes more complicated, our laws tend to expand in what is often a response to the modernization of our world.
County reapportionment By Charles Prorok December 2000 The general election on November 7, 2000 will be the last election under current county reapportionment plans.
How do you define relief? By Robin L. Perry February 2000 A recent decision from the Second District Appellate Court addressed the application of section 10/9-107 of the Local Governmental Tort Immunity Act ("Act") to the levy of taxes to pay judgments and settlements under the Act.
How much is that property worth? By John H. Brechin August 2000 Department of Transportation v. Bolas, decided May 23, 2000, involved an eminent domain action by IDOT to acquire approximately one acre of a 58-acre farm for a roadway improvement.
Liabilities and immunities: An outline of the Illinois Local Governmental and Governmental Employees Tort Immunity Act By Michael D. Bersani March 2000 A. Tort Immunity Act was enacted in 1965 in response to Illinois Supreme Court's abolishment of common law sovereign immunity.
An overview of the Freedom of Information Act By Roger Huebner January 2000 Recent press reports have criticized public bodies for supposed non-compliance with provisions of Illinois' Freedom of Information Act (FOIA). In fact, even before the next regular session of the General Assembly, there is legislation pending to amend FOIA.
Recent decisions of interest By John H. Brechin June 2000 Three recent Seventh Circuit decisions have examined the issue whether the State of Illinois is immune from the provisions of the Americans with Disabilities Act (ADA).
Recent legislative events concerning public finance By Kurt P. Froehlich November 2000 Two somewhat recent amendments in the area of public and municipal finance provide a trap for the unwary (in the case of P.A. 91-595, effective 8/14/99, amending the Bond Issue Notification Act, 30 ILCS 352/1 et seq., "BINA") and opportunities and clarifications as well as traps for the unwary (in the case of P.A. 91-493, effective 8/13/99, and P.A. 91-868, effective 6/22/2000, amending the Local Government Debt Reform Act, 30 ILCS 350/1 et seq., the "Reform Act").
Requests for access to municipal right of way in Illinois by private interests: a license to use By Jeffrey D. Lester October 2000 Over the years, most local governments have learned the general legal rule that a government may not lease its rights of way to private persons or organizations for purely private, exclusive uses.
Some laws of 100 years ago mirror today’s laws By Richard G. Flood October 2000 At the onset of the new millennium it is interesting to reflect on the changes in local government law during the last millennium.
Taxpayers’ Bill of Rights By Kurt P. Froehlich December 2000 The Local Government Taxpayers' Bill of Rights Act (P.A. 91-920, the "Act"), effective January 1, 2001, is intended to provide for consistent tax processes in the imposition and collection of certain "locally imposed and administered taxes" (expressly excluding real property taxes under the Property Tax Code or fees, other than infrastructure maintenance fees).
Tort immunity and the Human Rights Act By James E. Schrempf August 2000 An interesting question not yet definitively determined is whether municipalities are entitled to the protection afforded by the Illinois Local Government and Governmental Employees Tort Immunity Act (hereinafter referred to as the Illinois Tort Immunity Act), 745 ILCS 10/1 et seq., in complaints under the Illinois Human Rights Act.