Federal Court Dismisses Challenge to County's Short Term Rental Ban

Federal Court Dismisses Challenge to County's Short Term Rental Ban

  Friday, December 29, 2017    Julie Tappendorf

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As short term rentals become more popular, local governments have had to rethink their current residential use restrictions to address this new use. Many local governments have relied on their "exclusionary" zoning ordinances that permit only those uses expressly listed in the zoning district as permitted or special/conditional uses to prohibit short term rentals. Others have adopted amendments to...

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New Changes to the Juvenile Court Act

New Changes to the Juvenile Court Act

  Thursday, December 28, 2017    Julie Tappendorf

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Public bodies should be aware of new changes to the Juvenile Court Act that make some sweeping changes that will affect police departments and employers.  Public Act 100-0285 First, the Act greatly broadens privacy protections for juvenile records, amending Section 1-7 to treat records of municipal ordinance violations as confidential records. This means that municipal ordinance violation...

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Purpose of FOIA Request Not Basis for Denial

Purpose of FOIA Request Not Basis for Denial

  Wednesday, December 27, 2017    Julie Tappendorf

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The PAC just issued its 14th opinion for 2017, finding a public body in violation of FOIA. PAC Op. 17-014 A local reporter had filed a FOIA request with a county seeking copies of all FOIA requests filed with the county in the past 8 weeks. The county denied the request on the basis that the request did not meet the purpose and intent of FOIA. The requester appealed to the PAC. In its defense,...

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Court Protects Cows in Nuisance Case

Court Protects Cows in Nuisance Case

  Thursday, December 21, 2017    Julie Tappendorf

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The Village of Chadwick is a small community that does not have a zoning or land use ordinance. Instead, the Village relies on its "nuisance" authority to regulate land uses. In July of 2016, the Village adopted an ordinance making it illegal for anyone to keep live cattle, horses, swine, pigs, sheep, goats, and various other farm animals on property in the Village limits. Shortly after adopting...

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Court Rejects Challenges to City's Food Truck Ordinance

Court Rejects Challenges to City's Food Truck Ordinance

  Wednesday, December 20, 2017    Julie Tappendorf

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In 2012, the City of Chicago passed an ordinance expanding food truck operations within the City. That ordinance allowed trucks to prepare food on-site (rather than in a commercial kitchen) and established various location, operation, and inspection regulations. The ordinance also authorized the City to establish fixed stands where parking space for food trucks would be reserved. Outside of these...

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Annexation Dispute Between Villages Decided

Annexation Dispute Between Villages Decided

  Tuesday, December 19, 2017    Julie Tappendorf

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Palos Park and Lemont have been involved in an annexation dispute for the past couple of years. Recently, the appellate court ruled in favor of Palos Park, upholding that community's annexation of three private golf courses and other land comprising about 1,500 acres lying between the two communities. In re Petition to Annex, 2017 IL App (1st) 170941. In 2015, voluntary annexation petitions were...

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Requester Not Entitled To Criminal Assault Records

Requester Not Entitled To Criminal Assault Records

  Monday, December 18, 2017    Julie Tappendorf

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In McGee v. Kelley, a FOIA requester, who had previously been indicted and convicted of aggravated criminal sexual assault, sought documents related to his indictment. The sheriff’s office denied the request under Sections 7(1)(d)(i), (iii), and (iv) as the case was still under appeal and considered an open investigation. The sheriff argued that the records were still exempt because the requester...

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Amendment to Indiana Teacher Tenure Law Violates Contract Rights

Amendment to Indiana Teacher Tenure Law Violates Contract Rights

  Wednesday, December 13, 2017    Julie Tappendorf

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The Seventh Circuit Court of Appeals recently struck down an Indiana law that amended the state's teacher tenure law. Elliott v. Board of School Trustees of Madison Consolidated Schools (7th Cir. Dec. 4, 2017). In 2012, the Indiana legislature amended its teacher tenure law to eliminate a right of tenured teachers to be retained over non-tenured teachers and to require school districts to base...

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CPD Officer Faces Discharge for Social Media Posts

CPD Officer Faces Discharge for Social Media Posts

  Tuesday, December 12, 2017    Julie Tappendorf

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From Ancel Glink's labor & employment blog, The Workplace Report with Ancel Glink: CPD Officer Faces Discharge for Social Media Posts How bad must off-duty social media behavior be in order for a public employer to justify discharging an employee for their posts? In true lawyer fashion, the answer is probably “it depends”. It depends on the position that the employee holds within...

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City's Administrative Hearing Practice Upheld

City's Administrative Hearing Practice Upheld

  Monday, December 11, 2017    Julie Tappendorf

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Stone Street Partners (SSP) sued the City of Chicago more than 5 years ago to challenge certain practices of the City's Department of Administrative Hearings relating to citations for ordinance violations. SSP was successful in overturning certain citations earlier this year, but the remaining claims continued. Recently, the Illinois appellate court upheld the City's citations against SSP and its...

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Civil Rights Claims Related to Tax Matter Not Proper in Federal Court

Civil Rights Claims Related to Tax Matter Not Proper in Federal Court

  Wednesday, December 06, 2017    Julie Tappendorf

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Today's case started with a dog bite. A dog bit a township employee on the Cosgriff property. After the employee and the township sued the Cosgriffs, the Cosgriffs started a petition campaign encouraging taxpayers to notify the township that its employees should not trespass on private property. When the township's next property assessment for the Cosgriff property was significantly higher than their...

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7th Circuit Finds Online Travel Agencies Are Not Subject to Certain Municipal Hotel Taxes

7th Circuit Finds Online Travel Agencies Are Not Subject to Certain Municipal Hotel Taxes

  Tuesday, December 05, 2017    Julie Tappendorf

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The Seventh Circuit recently issued a decision finding that online travel agencies (Expedia, Priceline, Travelocity, and Orbitz) are not subject to municipal hotel taxes.  In Village of Bedford Park v. Expedia, Inc.,et al, thirteen Illinois municipalities filed a class action claiming that these online travel agencies (Agencies) were failing to remit taxes on the full price that customers...

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Don't Forget FOIA/OMA Training Obligations

Don't Forget FOIA/OMA Training Obligations

  Monday, December 04, 2017    Julie Tappendorf

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As many Illinois government officials know, both the Illinois Freedom of Information Act and the Illinois Open Meetings Act require certain government officials to comply with training requirements under FOIA and the OMA. The Illinois Attorney General has created electronic training programs to comply with these requirements, although the OMA does allow members of certain public bodies (school and...

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