Local Government Law Bulletin
Bill to Make School Districts Subject to Municipal Zoning
On Jan. 21, 2014, State Senator Pamela Althoff introduced a bill (SB 2647) to make school districts subject to municipal zoning ordinances. Senate Bill 2647 would amend section 10-22.13a of the School Code (105 ILCS 5/10-22.13a) and reads in relevant part as follows:...
Uncertainty Regarding Attorney’s Fees for FOIA Request without a Court Order
The Illinois Fourth District Appellate Court recently found in Uptown People’s Law Center v. The Department of Corrections that a unit of local government was required to pay attorney’s fees for failing to produce Freedom of Information Act (FOIA) requested documents,...
Drivers May Not Retrospectively Invalidate Driving While License Suspended Tickets
The Illinois Supreme Court recently issued its opinion in the case People v. Elliot. The central issue was whether a ticket for driving while license suspended ticket (DWLS) was valid if the basis for the suspension was rescinded in a summary suspension hearing. We...
Reminder on Soccer Goal Safety
With spring approaching (hopefully), another season of soccer is on the horizon. Now is a good time to remind park districts, schools, and municipalities that Illinois passed the Moveable Soccer Goal Safety Act in 2011, nicknamed "Zach's Law." The nickname derives...
Proposed Cannabis Rules Released by the DFPR
For months, we have awaited the release of various state department guidelines providing further details about medical cannabis facilities. The Department of Financial and Professional Regulation finally released its proposed rules (“Rules”) last week. Here are some...
Bill Threatens to Assess Costs of Administrative Adjudication Appeals to Local Governments
Senate Bill 2829 was filed by Terry Link of the 30th Legislative District. If passed, it would make a local government pay the other party’s costs of appeal (including attorney’s fees) if the appeal successfully overturns an administrative adjudication or code hearing...
How the New Workplace Violence Prevention Act Impacts Local Governments
The Workplace Violence Prevention Act (WVPA) enables most employers, including local governments, to seek an order of protection (OP) on behalf of employees in certain situations. The WVPA can be utilized by the local government if one of its employees has already...
A Victory and Caution for Administrative Hearings of Automated Red-Light Violations
Author: David McArdleThe recent case of Farrar v. City of Rolling Meadows affirmed the ability of a municipality to implement and enforce its own administrative procedures for red-light violations. The specific challenge made by the plaintiff was that both the...
The $5.2 Million 911 Call: Abruzzo v. City of Park Ridge
In December 2013, the Illinois Appellate Court decision in Abruzzo v. City of Park Ridge illustrates the significant financial exposure local governments face when first responders (in this case paramedics) fail to follow proper protocol when responding to calls that...