Municipal Minute

Updates on cases, laws, and other topics of interest to local governments

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Blog comments do not reflect the views or opinions of the Author or Ancel Glink. Some of the content may be considered attorney advertising material under the applicable rules of certain states. Prior results do not guarantee a similar outcome. Please read our full disclaimer

Updates on cases, laws, and other topics of interest to local governments

Thursday, April 3, 2025

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

  Thursday, April 03, 2025    

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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Wednesday, April 2, 2025

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

  Wednesday, April 02, 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...

  

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Tuesday, April 1, 2025

Appellate Court Decides Damages Claims in Development Agreement Dispute

  Tuesday, April 01, 2025    

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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Monday, March 31, 2025

Court Dismisses Electoral Board Appeal for Improper Service

  Monday, March 31, 2025    

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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Tuesday, March 25, 2025

City's Designation of Historic District Upheld by Appellate Court

  Tuesday, March 25, 2025    

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...

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Thursday, March 20, 2025

Supreme Court Upholds Dismissal of Tax Misallocation Dispute

  Thursday, March 20, 2025    

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...

  

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Monday, March 17, 2025

Illinois Appellate Court Upholds Push Tax Ordinance

  Monday, March 17, 2025    

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)...

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Friday, March 14, 2025

Appellate Court Holds City did not Owe a Duty of Care to an Injured Motorcyclist

  Friday, March 14, 2025    

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...

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Thursday, March 13, 2025

Court Dismisses Lawsuit Challenging Clerk's Refusal to Certify Candidate's Nomination Papers

  Thursday, March 13, 2025    

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...

  

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Thursday, March 6, 2025

Quorum Forum Podcast Ep 91: New Developments in Planning Caselaw

  Thursday, March 06, 2025    

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...

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Wednesday, February 26, 2025

Court Finds that Firefighter/Paramedic Entitled to PSEBA Benefits

  Wednesday, February 26, 2025    

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...

  

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Tuesday, February 25, 2025

Candidate's Appeal Dismissed For Failure to Serve Petition on Individual Electoral Board Members

  Tuesday, February 25, 2025    

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...

  

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