Seventh Circuit Upholds Ruling of Qualified Immunity in Arrest

Seventh Circuit Upholds Ruling of Qualified Immunity in Arrest

  Tuesday, February 28, 2023    Julie Tappendorf

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In a recent ruling, the Seventh Circuit Court of Appeals upheld a ruling in favor of police officers in a Fourth Amendment lawsuit against the officers who arrested an individual for having a rifle, bayonet, handgun, and other weapons in a public park on the basis that the officers had qualified immunity. Pierner-Lytge v. Hobbs.Police were contacted by a number of parents of children playing in a...

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Court Denies Award of Attorneys Fees and Civil Penalties in FOIA Challenge

Court Denies Award of Attorneys Fees and Civil Penalties in FOIA Challenge

  Monday, February 27, 2023    Julie Tappendorf

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A watchdog group filed suit against a township claiming the township violated the Freedom of Information Act (FOIA). The group had requested a "copy of the hard drive contents" of a specified township computer. The township responded that because it did not have the capability in-house to copy the entire hard drive onto an external hard drive to release to the group, it had to outsource that job,...

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Seventh Circuit Finds Due Process Violation in Police Chief Termination

Seventh Circuit Finds Due Process Violation in Police Chief Termination

  Friday, February 24, 2023    Julie Tappendorf

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In a recent decision, the Seventh Circuit Court of Appeals determined that a municipality violated its former police chief’s due process rights when it terminated him without providing an opportunity to be heard. Bradley v. Village of University Park,   In 2014, a municipality hired a new police chief with a two-year written employment contract. The contract provided that if the chief was terminated...

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Appellate Court Rejects Challenge to Chicago’s Short-Term Rental Ordinance

Appellate Court Rejects Challenge to Chicago’s Short-Term Rental Ordinance

  Wednesday, February 22, 2023    Julie Tappendorf

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Earlier this month, an Illinois Appellate Court upheld the dismissal of a challenge to Chicago’s short-term rental (STR) ordinance. Mendez v. City of Chicago. The City’s STR ordinance regulates short-term housing arrangements, like those offered on Airbnb and VRBO. In 2016, two residents filed a lawsuit to challenge the original STR ordinance and later added several claims to address the City's amended...

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Bill Would Amend ARL Regarding "Parties of Record"

Bill Would Amend ARL Regarding "Parties of Record"

  Tuesday, February 21, 2023    Julie Tappendorf

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A bill was recently introduced in the Illinois General Assembly that would expand on existing language in the Administrative Review Law (ARL) regarding necessary "parties of record" in a lawsuit challenging an agency's decision. As a general rule, the ARL requires that "parties of record" be named as defendants in any ARL action to challenge the decision of an administrative agency. There is an exception...

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Court Reverses Teacher's Dismissal for Facebook Posts

Court Reverses Teacher's Dismissal for Facebook Posts

  Thursday, February 16, 2023    Julie Tappendorf

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In a recent Illinois Appellate Court ruling, the Court reversed a school district's termination of a teacher for her personal social media activities. Kelleher v. ISBE.After a parent raised concerns about a teacher's Facebook posts about her students, the school district investigated the teacher's social media page (which was publicly visible), and placed the teacher on paid leave while it discussed...

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Remote Meetings After May 11th

Remote Meetings After May 11th

  Wednesday, February 15, 2023    Julie Tappendorf

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The Governor has announced his intention not to renew the COVID-19 disaster declaration beyond April, letting it expire on May 11, 2023. This means that as of May 12, 2023, public bodies will no longer be able to conduct remote meetings under the current "public health" provision contained in section 7(e) of the Open Meetings Act. There have been a few bills proposed in the Illinois General Assembly...

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No Taking Where Dam Removal Lowered Water Level Along Owner's Property

No Taking Where Dam Removal Lowered Water Level Along Owner's Property

  Tuesday, February 14, 2023    Julie Tappendorf

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Property takings cases are pretty few and far between so land use professionals will be interested in today's case out of the Seventh Circuit Court of Appeals. Kreuziger v. Milwaukee County.In the late 1930s, Milwaukee County built a dam on the Milwaukee River in an urban green space called Estabrook Park. In 2017, the County transferred the dam to the Milwaukee Metropolitan Sewerage District for...

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Court Upholds Charge Against Owner For Removing Buckthorn on Neighbor's Property

Court Upholds Charge Against Owner For Removing Buckthorn on Neighbor's Property

  Monday, February 13, 2023    Julie Tappendorf

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A Village cited an individual for criminal damage to property, alleging the defendant violated the Village Code by knowingly hiring a landscaping company to enter onto her neighbor's property to remove buckthorn (an invasive tree species), which caused damage to her neighbor’s property.  The trial court ruled in favor of the Village, finding it had demonstrated that (1) the...

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PAC Finds No Violation in FOIA Denial of Employee Survey Results

PAC Finds No Violation in FOIA Denial of Employee Survey Results

  Thursday, February 09, 2023    Julie Tappendorf

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In 2022, a school received a FOIA request seeking certain employee survey results used in connection with preparing performance evaluations for staff members. The school denied the request citing FOIA section 7(1)(f), FOIA’s "deliberative process" exemption. After the requestor appealed the denial, the PAC issued binding PAC Op. 23-002, concluding that the school did not violate FOIA by denying the...

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Court Interprets 60-Day Time Limitation For Filing OMA Lawsuits

Court Interprets 60-Day Time Limitation For Filing OMA Lawsuits

  Tuesday, February 07, 2023    Julie Tappendorf

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Recently, an Illinois Appellate Court applied the 60-day time limitation for filing a lawsuit alleging a violation of the Open Meetings Act (OMA) to dismiss two of three claims made a City Council. Better Government Association v. Chicago City Council. In mid-June 2020, an organization filed a lawsuit alleging that the City Council violated the OMA when it hosted three teleconferences (one each in...

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