Attorney General’s office issues Open Meetings Act opinionBy Lynn PattonSeptember 2004Attorney General Lisa Madigan's office recently issued an opinion addressing the validity of action taken at a rescheduled regular meeting of the Johnson County Board.
Attorney General’s office issues opinions on the State Officials and Employees Ethics ActBy Lynn PattonJuly 2004Attorney General Lisa Madigan's office recently issued two opinions regarding the implementation of the new State Officials and Employees Ethics Act (added by Public Act 93-615, effective November 19, 2003, as amended by Public Act 93-617, effective December 9, 2003, to be codified at 5 ILCS 430/1-1 et seq.).
Contracts-Did one exist?By John H. BrechinApril 2004Plaintiff D.S.A. purchases accounts receivable from other companies at a discount. In November 2000, a representative from D.P. Staffing approached D.S.A. noting that D.P. Staffing had provided services to Provident Hospital, and as a result Provident owed D.P. Staffing more than $300,000.
Curfew law revisited to remove chill on minors’ First Amendment rightsBy Joy A. RobertsNovember 2004On January 22, 2004, the United States Court of Appeals, Seventh Circuit, rendered a ruling in Hodgkins v. Peterson, 355 F.3d 1048 (7th Cir. 2004), that prompted a constitutional reassessment of municipal curfew ordinances.
Important new public actsBy Larry FrangJanuary 2004House Bill 223 amends the Criminal Code to exempt electronic recordings made of a custodial interrogation of an individual by a law enforcement officer at a police station or other place of detention from an eavesdropping violation. Statements made by suspects during custodial interrogation are presumed inadmissible unless they are electronically or digitally recorded.
It’s budget time again!By Robin L. PerryNovember 2004In a nice, sunny, warm summer day, the golf course is filled with county board members, county administrators and elected officials, as well as village presidents and village department heads.
Klaeren-One Last Time?By John H. BrechinDecember 2004On October 12, 2004 the Second District Appellate Court issued its opinion affirming the trial court's grant of summary judgment to the Plaintiffs and its denial of Plaintiffs' Motion for Leave to File an Amended Complaint and petition for attorney fees.
Open Meetings Act- Right to participateBy John H. BrechinApril 2004The City of Cocoa enacted regulations limiting the right of non-resident to speak during its city council meetings.
The Public Works Contract Change Order Act: The creation of the re-bid requirementBy Michael T. JurusikJune 2004To address the problem of bidders who submit unreasonably low bids to secure public works contracts and then seek large change orders that are more reflective of the actual cost of the project, on January 22, 2004, Governor Rod Blagojevich signed House Bill 940 into law as Public Act 93-0656, which is known as the "Public Works Contract Change Order Act." 50 ILCS 525/1 et seq. ("the Act").
Recent zoning cases decided under RLUIPABy Michael T. JurusikSeptember 2004The Religious Land Use and Institutionalized Persons Act of 2000 (42 U.S.C. Sec. 2000cc et seq.) ("RLUIPA") is designed to protect individuals, religious assemblies and institutions (churches, mosques and synagogues) from zoning and landmarking laws that substantially interfere with their exercise of religion, including the use of land and buildings for religious purposes.
A request for refund of impact fees paid is not barred by the Tort Immunity ActBy John H. BrechinApril 2004Raintree filed an action against Long Grove, seeking a declaratory judgment as to the validity of the Village's ordinance requiring the payment of impact fees to obtain building permits. Its action also sought a refund of the fees paid by Raintree totaling more than $80,000.
Termination not wrongfulBy Thomas W. KeltyDecember 2004The city clerk of Mattoon, Illinois was terminated from his position by the newly elected mayor and incoming city council.
Twenty questions about Public Act 93-0523: Recording closed session meetingsBy Stewart H. Diamond & Keri-Lyn J. KraftheferJanuary 2004Public Act 93-0523, effective January 1, 2004, requires all Illinois units of local government, including fire protection districts and school districts to audio or video record their closed sessions.
Vested rights and tort immunityBy John H. BrechinApril 2004n 1981 the Village and O'Malley entered into an annexation agreement. In 1994 the parties extended the original annexation agreement to 2001 and O'Malley submitted a development concept plan to the Village
Willful and wanton conductBy Alfred M. Swanson, Jr.July 2004Plaintiff filed suit against the District and several paramedics, emergency medical technicians and firefighters alleging the wrongful death of his daughter.
A year later: Klaeren v. Lisle and the troubles it has wroughtBy Victor P. Filippini, Jr.March 2004This article will re-examine the supreme court's analysis of the legislative zoning scheme to determine whether the court's revolutionary zoning decision inadvertently re-wrote the Illinois zoning enabling acts.