Wednesday, August 29, 2012
Friday, August 24, 2012
Friday, August 24, 2012 Julie Tappendorf
Thursday, August 23, 2012
Thursday, August 23, 2012 Julie Tappendorf
Wednesday, August 22, 2012
Wednesday, August 22, 2012 Julie Tappendorf
- the names of the municipality and business;
- the location or locations of the business within the municipality;
- additional locations of the business in Illinois not identified above, if applicable;
- the terms of the agreement, including (i) how the rebate will be determined each year, (ii) the duration of the agreement, and (iii) the name of any business who is not a party to the agreement but who directly or indirectly receives a share, refund, or rebate of the retailers' sales tax; and
- a copy of the sales tax rebate agreement.
Tuesday, August 21, 2012
Tuesday, August 21, 2012 Julie Tappendorf
Free speech law is critically important for on premise sign regulation. Signs are an expressive form of free speech protected by the free speech clause of the Federal Constitution. Courts decide how local governments can regulate signs, including on premise signs, in order to ensure the principles of freedom of expression are observed. If free speech requirements are not met, courts will hold an on premise sign law unconstitutional.
The above quotation comes from Free Speech Law for On Premises Signs, Daniel Mandelker (August 10, 2012). This quote reminds us of the importance of understanding the protections afforded to on premises signs by the First Amendment to the U.S. Constitution. Professor Mandelker, a friend of this blog, just completed and released his sign handbook comprehensively analyzing the interplay between the First Amendment’s free speech law and on premises signage. His sign handbook is a must-have resource for all land use and municipal lawyers and practitioners.
Professor Mandelker’s handbook begins by discussing U.S. Supreme Court cases that have decided the basic principles of free speech law, including the tests developed by the Court for regulating commercial speech. The book also explains the prior restraint doctrine that applies to the process in which decisions about the display of signs are made, including the standards that must be used to make these decisions. The handbook discusses basic issues concerning on premise sign ordinances, such as how a municipality can demonstrate that an ordinance advances its aesthetic and traffic safety objectives, the importance of a statement of purpose, how on premise signs should be defined, sign exemptions, and the treatment of on premise signs under the Federal Highway Beautification Act. The handbook reviews the law that applies to the different types of signs that can be displayed on premise, such as time and temperature signs, portable signs, and digital signs. Finally, the handbook discusses the regulations that apply to on premise signs, such as size, height, and spacing regulations.
Monday, August 20, 2012
Monday, August 20, 2012 Julie Tappendorf
Check out the summer issue (2012) of Ancel Glink's e-newsletter which you can find in Ancel Glink's Resource Center, under publications In the Zone: Current Trends in Land Use Law, for updates on new laws and recent cases in the land use and economic development area. Here is a sneak peak into this edition:
How Far Does the Second Amendment Extend Beyond the Home?
What does the 2nd Amendment have to do with land use? Based on recent rulings from the U.S. Supreme Court and lower courts across the country, communities should tread carefully in adopting or enforcing local gun laws that interfere with the core right to possess a handgun in the home for self defense. Read the E-News to find out more.
New Law Affecting Your Zoning Hearings and other Public Meetings
As reported previously on this blog, the Illinois legislature has adopted a new law affecting meetings. Before scheduling a vote on zoning ordinances in 2013, you should review P.A. 97-0827 that adds two new requirements for agendas and notices:
1. Agendas must identify the "general subject matter" of ordinances and resolutions to be voted on at a meeting.
2. Agendas and notices must be continuously available to the public 48 hours before a meeting.
The summer edition also includes a summary of recent cases and other legislation impacting land use and zoning issues.
Friday, August 17, 2012
Friday, August 17, 2012 Julie Tappendorf
The DPPA does provide a number of exceptions to the disclosure ban, such as disclosures that are required for a law enforcement agency to carry out its functions and disclosures that are used in connection with a service of process. While the Court agreed with the Village that placing the ticket on the windshield was indeed a process of service, it determined that the ticket contained more information than was necessary. As a result, it did not fall within the "service of process" exception under the Act. The case will now go back to the trial court for further proceedings.
Thank you to Sara Smith for her assistance on this post.
Thursday, August 16, 2012
Thursday, August 16, 2012 Julie Tappendorf
The PAC office of the Illinois Attorney General recently issued an advisory opinion finding that the City of
Wednesday, August 15, 2012
Wednesday, August 15, 2012 Julie Tappendorf
UPDATE 9/5/12: The book is now available on the ABA's website by clicking on this link.
Monday, August 13, 2012
Monday, August 13, 2012 Julie Tappendorf
Wednesday, August 8, 2012
Wednesday, August 08, 2012 Julie Tappendorf
Tuesday, August 7, 2012
Tuesday, August 07, 2012 Julie Tappendorf
Thursday, August 2, 2012
Thursday, August 02, 2012 Julie Tappendorf
Answer: Although the Mayor's actions at the two meetings were a little irregular since he couldn't effectively verbally veto the ordinance, they probably constituted a valid veto. The Mayor cannot exercise the power to veto at the same meeting the item passes. The statute says that his disapproval is to be indicated by written objections at the next regular meeting of the Board or Council occurring not less than five days after the passage of the action he wishes to veto. A court would probably find that the Mayor's initial statement that he wanted to veto the ordinance, along with his "written objections," read together, constitute a valid veto. The Board or Council is then authorized to take action to override the Mayor's written veto "at the next regular meeting following the regular meeting at which the City Council receives the Mayor's written objection." The vote of two-thirds of all of the Trustees or Aldermen then holding office are required to override the veto.
Wednesday, August 1, 2012
Wednesday, August 01, 2012 Julie Tappendorf