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Blog comments do not reflect the views or opinions of the Author or Ancel Glink. Some of the content may be considered attorney advertising material under the applicable rules of certain states. Prior results do not guarantee a similar outcome. Please read our full disclaimer

Updates on cases, laws, and other topics of interest to local governments

Friday, May 30, 2014

$50 Citation for Facebook Post Rescinded

  Friday, May 30, 2014    

From Strategically Social:  On May 20th, a Will County Forest Preserve District officer issued a $50 citation to a woman who had posted the following on Facebook: I was feeling bad that I haven’t bought a pass and been bringing Ginger there but I’m pretty glad I haven’t. So not going to worry about it until later. I hope all the doggies get better soon. The comment was posted in response...

  

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Thursday, May 29, 2014

Alderman Entitled to Absolute Immunity for Statements at City Council Meeting

  Thursday, May 29, 2014    

A city and a city council member were sued by a resident for defamation, false light, negligent infliction of emotional distress, and various civil rights violations relating to statements made by an alderman at a city council meeting about the plaintiff.  In his statement, the alderman stated that he was disappointed in the activities of a resident (plaintiff) in trying to delay construction...

  

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Wednesday, May 28, 2014

Responsible Bidder Bill Still Alive

  Wednesday, May 28, 2014    

The IML recently reported about an amendment to the "Responsible Bidder" bill (HB 924) that has given new life to this proposed legislation.  Public bodies should be aware of the bill because it could significantly increase the cost of public projects if it is ultimately approved. HB 924, as amended, would require that all local government public works projects use contractors and sub-contractors...

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Tuesday, May 27, 2014

Liquor Revocation Did Not Violate Due Process

  Tuesday, May 27, 2014    

The Liquor Commissioner of the City of Peoria revoked the liquor license for Sheridan Liquors, a local liquor store after the City discovered that the owner and one of the managers were indicted under the Money Laundering Control Act.  According to the indictment, the owner and manager operated a check cashing business at the liquor store.  They structured the necessary withdrawals from...

  

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Friday, May 23, 2014

"In the Zone" E-News Released, Spring 2014 Edition

  Friday, May 23, 2014    

Ancel Glink's land use group just published the Spring, 2014 edition of its "In the Zone" e-newsletter.   This edition includes the following articles: Will Koontz "Chill" Negotiations Between Governments and Developers?   Proposed Medical Cannabis Rules Would Limit Local Zoning Authority Bill Would Clarify Municipal Zoning Authority Over Schools Elected Officials Immune from Liability...

  

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Thursday, May 22, 2014

County State's Attorney is a "Public Body" Under FOIA

  Thursday, May 22, 2014    

In 2010, a reporter submitted a number of FOIA requests to Kendall County asking for various records held by the State's Attorney's office.  The State's Attorney's office denied the request on the grounds that the State's Attorney's office is part of the judicial branch of government and are, therefore, exempt from FOIA. The trial and appellate courts agreed, both holding that State's Attorneys...

  

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Wednesday, May 21, 2014

Takings Claim is Ripe Because Final Decision Would be Futile

  Wednesday, May 21, 2014    

The U.S. Supreme Court has established a "ripeness" test for takings claims.  Before a property owner can proceed with a takings claim against a regulatory agency, it must show that he or she has (1) obtained a final decision from the local regulatory agency and (2) sought just compensation under available state procedures.  There is an exception to the Williamson County ripeness requirement,...

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Tuesday, May 20, 2014

Court Dismisses Section 1981 Discrimination Claim Against Forest Preserve District

  Tuesday, May 20, 2014    

An employee of the Cook County Forest Preserve District sued the District (his former employer) after he was fired for having sex with a co-worker in the FPD's Aquatic Center.  His complaint alleged claims under Section 1983 of the Civil Rights Act for race discrimination and due process violations and Section 1981 for race discrimination in the making and enforcement of contracts.  The...

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Monday, May 19, 2014

City Can Enforce Administrative Adjudication Order in Court

  Monday, May 19, 2014    

The Illinois Municipal Code authorizes home rule municipalities to establish administrative adjudication hearing programs to adjudication ordinance violations.  The Village of Lake in the Hills used its program to find the defendant in violation of a variety of municipal ordinances and assessed fines.  The Village also sought to enforce the hearing officer's orders in the circuit court....

  No Comments

Friday, May 16, 2014

City's Demolition Tax is a Tax, Not a Fee or Fine

  Friday, May 16, 2014    

The City of Evanston, Illinois imposes a demolition tax in the amount of $10,000 per residential building, or $3,000 per residential unit, whichever is greater.  The tax proceeds are used to fund the City's Affordable Housing Fund, which helps low and moderate income residents find and keep affordable housing.  The owners of a single family residence in the City claim that the sale of their...

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Thursday, May 15, 2014

Developer Entitled to Letter of Credit Proceeds

  Thursday, May 15, 2014    

An appellate court recently required a municipality to refund a $43,000 escrow posted by a developer to secure the construction of public improvements that were required to be constructed under an annexation agreement. Squires Landing, LLC v. City of Rochelle, 2014 IL App (2d) 130818-U (May 9, 2014). In 2005, Squires Landing, LLC entered into a 20 year annexation agreement with the City of...

  

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Wednesday, May 14, 2014

U.S. Supreme Court Declines to Hear RLUIPA Appeal

  Wednesday, May 14, 2014    

Previously, we reported on the case filed against the Town of Woodboro and County of Oneida after they denied Eagle Cove Camp & Conference Center's zoning request to allow it to operate a year-round bible camp on land it owned on Squash Lake.  Both the district court and U.S. Court of Appeals for the Seventh Circuit ruled in favor of the Town and County. Eagle Cove Camp & Conference...

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Monday, May 12, 2014

PAC Finds in Favor of Public Body in 3rd Binding Opinion of 2014

  Monday, May 12, 2014    

In its third binding opinion for 2014, the PAC ruled in favor of the public body. In PAC Op. 14-003, issued on May 5, 2014, the PAC determined that the St. Clair Township Board did not violate the Open Meetings Act when it amended its agenda less than 48 hours prior to the Board meeting.  The Board had posted its agenda for a regular Board meeting at least 48 hours before the meeting; however,...

  

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Friday, May 9, 2014

Lawyers Should Not "Friend" Jurors But Can View Public Social Media Sites

  Friday, May 09, 2014    

From Strategically Social:   The American Bar Association recently issued Formal Opinion 466 concerning potential ethical problems with lawyers communicating with potential jurors through social media.  The opinion provides the following advice to lawyers: A "passive review" of a juror's public social media site is not improper ex parte conduct, similar to driving...

  

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Thursday, May 8, 2014

Farmers Insurance Sues 100's of Municipalities For Flooding Claims

  Thursday, May 08, 2014    

Update 6/3/2014:  Farmers voluntarily dismissed its Cook County lawsuit today and it appears it may be dismissing all of its lawsuits.   On April 17, 2014, Farmers Insurance filed class action lawsuits against nearly 100 municipalities, townships, and other governmental entities in the Cook County, Illinois area seeking to recover millions of dollars paid in claims the insurance company...

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Wednesday, May 7, 2014

Koontz on Remand in Florida Court - Still a Taking

  Wednesday, May 07, 2014    

From the Inverse Condemnation blog:  Fla App In Koontz VIII: We Were Right Before, Koontz Wins Again. After the U.S. Supreme Court decided Koontz last year, the case went back to the Florida state court on remand for application of the Nollan/Dolan test to determine whether the St. Johns River Management District's actions on Coy Koontz's permit application were an unconstitutional taking of...

  

  No Comments

Tuesday, May 6, 2014

Court Upholds County Board's Public Comment Rules

  Tuesday, May 06, 2014    

Orange County, California had adopted and implemented rules for public comment at its Board of Supervisor meetings that, among other things, prohibit "personal, impertinent, slanderous or profane remarks."  After a member of the public was cut off during public comment while speaking at a Board meeting, he sued the County claiming that the County's "Speaker Guidelines" violated his First Amendment...

  

  No Comments

Monday, May 5, 2014

Hot Off the Presses - Supreme Court Upholds Prayer at Town Meetings

  Monday, May 05, 2014    

This morning, the U.S. Supreme Court ruled in favor of the Town of Greece that opening its city council meetings with a prayer does not violate the First Amendment's Establishment of Religion Clause.  Town of Greece N.Y. v. Calloway.  Justice Kennedy wrote the majority opinion (except Part II.B).  Justice Breyer dissented, with Justices Kagan, Ginsburg, and Sotomeyer dissenting in...

  

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Policy Banning Use of Schools for Worship Upheld

  Monday, May 05, 2014    

A federal court of appeals court recently upheld a policy prohibiting the use of public schools in New York City for religious worship. Bronx Household of Faith v. Board of Education, No. 12-2730-cv (2d Cir. Apr. 3, 2014).  Regulation I.Q. was adopted in 2007 and bans organizations from using school property to perform religious worship services. Applying that rule, a New York school denied...

  

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Friday, May 2, 2014

Chicago Council Adopts Plastic Bag Ban

  Friday, May 02, 2014    

On April 30, 2014, the Chicago City Council approved an ordinance banning the use of plastic bags to carry goods away from certain types of stores.  The ban applies to retail establishments in the City “that sell perishable or non-perishable goods, including, but not limited to, clothing, food and personal items, directly to the customer.”  The ban does not apply to restaurants and non-chain...

  

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Thursday, May 1, 2014

Gone with the Wind: Bill Would Eliminate Local Control over Wind Turbines

  Thursday, May 01, 2014    

The U.S. Department of Energy indicates that wind turbines produced over 3,500 megawatts of energy in Illinois last year.  Ten years ago, Illinois produced only 50 megawatts.  The recent increased popularity of wind energy – the state’s output has increased 70 fold in the last decade – has caused regulators in Springfield to take notice.  Senator John Sullivan has proposed a bill that...

  

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