PAC Finds Public Body in Violation of FOIA For Not Responding

PAC Finds Public Body in Violation of FOIA For Not Responding

  Thursday, May 01, 2025    Julie Tappendorf

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A requester filed a FOIA request with a transit authority asking for certain records relating to the authority's use of security K-9 animals. The requester filed a request for review with the PAC claiming the transit authority violated FOIA by failing to respond to the FOIA request. In the PAC’s third binding opinion of 2025, the PAC concluded that the transit authority violated FOIA by not timely...

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In the Zone: Appellate Court Upholds Dismissal of Village’s Claims Related to Annexation Agreements

In the Zone: Appellate Court Upholds Dismissal of Village’s Claims Related to Annexation Agreements

  Tuesday, April 29, 2025    Julie Tappendorf

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An Illinois Appellate Court dismissed a lawsuit filed by a municipality asking the court to enforce terms in annexation agreements relating to a land donation from a developer and university foundation. Village of Hoffman Estates v. Northern Illinois University Foundation. In 1999, the Village and Northern Illinois University Foundation (Foundation) entered into an annexation agreement to construct...

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Appellate Court Upholds Demolition Order for Hotel in Violation of City Codes

Appellate Court Upholds Demolition Order for Hotel in Violation of City Codes

  Monday, April 28, 2025    Julie Tappendorf

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An Illinois Appellate Court upheld a trial court's demolition order against a hotel cited for numerous unabated municipal code violations. City of South Beloit v. New Charter Group, Inc. City code enforcement officers inspected the hotel several times in 2019 and issued numerous citations to the hotel owner for violations of the City’s property maintenance and building codes. The hotel was ultimately...

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Federal District Court Allows Public Employee’s First Amendment Claim to Proceed to Trial

Federal District Court Allows Public Employee’s First Amendment Claim to Proceed to Trial

  Thursday, April 24, 2025    Julie Tappendorf

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Recently, the Federal District Court for the Northern District of Illinois (District Court) issued an opinion allowing a public employee’s First Amendment retaliation claim to proceed to trial. Caparelli-Ruff v. Bd. of Educ. of East Aurora Sch. Dist. 131. The Executive Director of Student Services (Director) of a school district (School District) was employed by the School District under a one-year...

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In the Zone: Appellate Court Overturns ZBA’s Decision Concerning Special Use Permit for Clinic

In the Zone: Appellate Court Overturns ZBA’s Decision Concerning Special Use Permit for Clinic

  Tuesday, April 22, 2025    Julie Tappendorf

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An Illinois Appellate Court recently overturned a municipality's zoning determination that a property owner complied with the terms of a preexisting special use permit for the property. Rylatt v. Christensen A doctor purchased a home that was subject to a preexisting special use permit (SUP) to allow a medical clinic (chiropractor) to operate as a home occupation, which included a variance to permit...

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Court Interprets Procedural Requirements in Civil Forfeiture Statute

Court Interprets Procedural Requirements in Civil Forfeiture Statute

  Thursday, April 17, 2025    Julie Tappendorf

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Last January, police arrested a driver for driving under the influence. The driver was charged with aggravated DUI because he was driving with a suspended license from a prior DUI offense, and his truck was not insured at the time of the arrest. The police also seized the truck the Defendant was driving pursuant to state civil forfeiture of vehicle laws. 720 ILCS 5/36-1.5(a) A month after the...

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Illinois Supreme Court Dismisses Redistricting Challenge to State Legislative Maps

Illinois Supreme Court Dismisses Redistricting Challenge to State Legislative Maps

  Friday, April 11, 2025    Julie Tappendorf

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The Illinois Supreme Court issued a ruling addressing time requirements for bringing constitutional challenges to a legislative redistricting plan adopted by the Illinois General Assembly. McCombie v. Illinois State Bd. of Elections. Following the 2020 decennial census, the Illinois General Assembly adopted a redistricting plan (2021 Map) drawing new legislative districts to elect state representatives...

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Quorum Forum Podcast: Episode 92: Not in my Park!

Quorum Forum Podcast: Episode 92: Not in my Park!

  Monday, April 07, 2025    Julie Tappendorf

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Ancel Glink's Quorum Forum Podcast just released Episode 92: Not in My Park! Regulating Controversial Park Activities Park agencies manage many acres of public space where sometimes controversial activities take place. What authority does your organization have to address E-Scooters & E-Bikes, First Amendment activities, public camping and more? Find out as Ancel Glink attorneys Megan Mack, Erin...

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Court Dismisses Candidate's Appeal of Electoral Board Decision for Late Filing and Failure to Serve

Court Dismisses Candidate's Appeal of Electoral Board Decision for Late Filing and Failure to Serve

  Thursday, April 03, 2025    Julie Tappendorf

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A candidate (Candidate) filed nomination papers to run for the office of Township Supervisor. An objection to the Candidate’s nomination was filed, based on a violation of section 10-4 of the Election Code (regarding form of petitions for nomination). The Electoral Board sustained the objection, finding that the Candidate’s nomination papers were invalid. The Candidate, with legal representation,...

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PAC Finds Police Department in Violation of FOIA in Withholding Resignation and Termination Records

PAC Finds Police Department in Violation of FOIA in Withholding Resignation and Termination Records

  Wednesday, April 02, 2025    Julie Tappendorf

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In response to a FOIA request seeking copies of resignation/termination records and payroll records for city law enforcement officers, a city police department (Department) disclosed the payroll records, but withheld resignation/termination records citing various exemptions under FOIA. After the requestor appealed to the Public Access Counselor of the Attorney General's Office (PAC), the PAC issued binding...

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In the Zone: Appellate Court Decides Damages Claims in Development Agreement Dispute

In the Zone: Appellate Court Decides Damages Claims in Development Agreement Dispute

  Tuesday, April 01, 2025    Julie Tappendorf

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A developer entered into a 2012 development agreement with a Village to, among other things, purchase property and grade it for the Village’s later use. The agreement required the developer to transfer the property to the Village within three years. This development agreement resulted in years of litigation between the parties, which recently resulted in an Appellate Court decision on the issue of...

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Court Dismisses Electoral Board Appeal for Improper Service

Court Dismisses Electoral Board Appeal for Improper Service

  Monday, March 31, 2025    Julie Tappendorf

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In November 2024, a candidate for the position of School Board Member (Candidate) filed a statement of candidacy which affirmed that her residence was within the School District. A resident of the School District (Objector) objected to the Candidate’s nominating papers, alleging that her address was incorrect and that she resided outside of the District, making her ineligible for a School Board Member...

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