Wednesday, April 2, 2025
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...
Tuesday, April 1, 2025
Appellate Court Decides Damages Claims in Development Agreement Dispute
Tuesday, April 01, 2025 Julie Tappendorf
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...
Monday, March 31, 2025
Court Dismisses Electoral Board Appeal for Improper Service
Monday, March 31, 2025 Julie Tappendorf
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...
Tuesday, March 25, 2025
City's Designation of Historic District Upheld by Appellate Court
Tuesday, March 25, 2025 Julie Tappendorf
In 2007, the Chicago City Council adopted an ordinance designating an area of the City as the Arlington-Deming Historic District. That ordinance was challenged in court on various grounds, including that it violated a property owner's due process and equal protection rights and that it was arbitrary and capricious and did not meet the "rational basis" test for legislative decision. Litigation continued...
Thursday, March 20, 2025
Supreme Court Upholds Dismissal of Tax Misallocation Dispute
Thursday, March 20, 2025 Julie Tappendorf
Last year we reported on an Illinois Appellate Court decision in a tax allocation dispute between two municipalities where sales tax revenues generated from a restaurant located in the Village of Arlington Heights (Village) were mistakenly paid to the City of Rolling Meadows (City) for almost a decade. In January of last year, the Appellate Court held that the trial court erred in dismissing...
Monday, March 17, 2025
Illinois Appellate Court Upholds Push Tax Ordinance
Monday, March 17, 2025 Julie Tappendorf
In Illinois
Gaming Machine Operators v. The City of Waukegan, the Illinois
Gaming Machine Operators Association (IGMOA) and a group of plaintiffs sued the
City to challenge an ordinance that imposed a one cent tax per push (push tax) on
players of video game terminals. The City’s push tax ordinance required every terminal
operator (a company that leases video gaming machines to bars or restaurants)...
Friday, March 14, 2025
Appellate Court Holds City did not Owe a Duty of Care to an Injured Motorcyclist
Friday, March 14, 2025 Julie Tappendorf
In Calhoun
v. City of Evanston, a motorcyclist sued the City after crashing
his motorcycle on the base of a crosswalk sign. The sign had become detached
from the base, leaving only a small, elevated platform. The motorcyclist struck
this platform and suffered a broken leg and injured wrist.
The motorcyclist filed a negligence complaint against the
City claiming the City did not properly remove or...
Thursday, March 13, 2025
Court Dismisses Lawsuit Challenging Clerk's Refusal to Certify Candidate's Nomination Papers
Thursday, March 13, 2025 Julie Tappendorf
In November 2024, an independent
candidate for Mayor (Candidate) filed his nomination papers for
the Consolidated Election with the Village Clerk. After a lottery was
held to determine the Candidate’s ballot position, the Clerk notified the
Candidate that his name would not be certified to the ballot, because the
Candidate’s papers were not in “apparent conformity” with the requirements of
the Election...
Thursday, March 6, 2025
Quorum Forum Podcast Ep 91: New Developments in Planning Caselaw
Thursday, March 06, 2025 Julie Tappendorf
Ancel Glink's Quorum Forum Podcast just released Episode 91: New Developments in Planning Caselaw. Recently, Ancel Glink attorneys Megan Mack, Erin Monforti,
and Katie Nagy participated
in the Planning Webcast Series hosted by the Ohio chapter of the American
Planning Association and presented by the Illinois chapter. The session covers
key cases impacting local governments...
Wednesday, February 26, 2025
Court Finds that Firefighter/Paramedic Entitled to PSEBA Benefits
Wednesday, February 26, 2025 Julie Tappendorf
In a recent case involving an interpretation of the Public Safety Employee Benefits Act (PSEBA), the Appellate Court held that a municipality should have granted PSEBA benefits to a firefighter/paramedic. Ford v. Village of Northbrook.A firefighter/paramedic was injured while transferring a patient to the hospital after responding to a call for service. He applied for, and was granted, a line-of-duty...
Tuesday, February 25, 2025
Candidate's Appeal Dismissed For Failure to Serve Petition on Individual Electoral Board Members
Tuesday, February 25, 2025 Julie Tappendorf
In a recent judicial appeal to an Electoral Board decision that struck a candidate from the ballot, the Illinois Appellate Court dismissed the appeal for lack of jurisdiction because the candidate failed to serve a copy of the judicial petition on the individual members of the Electoral Board. Williams v. Municipal Officers Electoral Board.The Appellate Court noted that the service requirement of...
Thursday, February 20, 2025
Candidate For Mayor Removed From Ballot
Thursday, February 20, 2025 Julie Tappendorf
In a recent election challenge, an Illinois Appellate Court held that a city clerk did not have a conflict of interest to participate as a member of the Electoral Board and struck a candidate's name from the ballot for failing to fasten her nomination papers for candidacy. Benda v. Parkinson, et al.A candidate for office of mayor filed nomination papers and other candidacy documents. An objector filed...
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