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

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

Wednesday, May 28, 2025

Fifth Circuit Dismisses Patron Free Speech Challenge to Library Book Removal Decision


A federal court of appeals issued a ruling last week dismissing a First Amendment lawsuit brought by library patrons to challenge the removal of certain books from a public library in Texas on free speech grounds. Little, et al. v. Llano County, et al.Library patrons sued the librarian and board members of a county public library after the library officials removed 17 books because of their treatment...

Friday, May 23, 2025

Court Upholds Denial of Police Officer’s Line-of-Duty Disability Benefits


A police officer filed an application for line-of-duty disability benefits after being injured during mandatory “wellness and resiliency” training, which involved classroom instruction and stretching, yoga, and other physical movements. During the stretches, the officer experienced back pain and was later diagnosed with various spinal conditions, undergoing two unsuccessful surgeries. Despite receiving...

Thursday, May 22, 2025

PAC Finds Police Department in Violation of FOIA for Withholding Arrest Video


A municipal police department denied a FOIA request seeking a video recording of a former deputy chief's DUI arrest citing Section 7(1)(n) of FOIA, which exempts records relating to a public body's adjudication of employee grievances or disciplinary cases. After the requester submitted a request for review with the Illinois Attorney General's Public Access Counselor (PAC) challenging the denial, the...

Wednesday, May 14, 2025

Court Upholds Dismissal of FOIA Lawsuit Against Sheriff's Office


 An Illinois Appellate Court upheld the dismissal of a lawsuit challenging a sheriff's department's response to a FOIA request in Tynis v. McHenry County Sheriff's Department. An inmate in county jail filed a FOIA request with a county sheriff's department seeking certain electronic communications and other records relating to a specific police report. The sheriff responded that (1) it had...

Monday, May 5, 2025

Quorum Forum Podcast Ep 93: APA-CMS Bar Exam


 Ancel Glink's Quorum Forum Podcast just released Episode 93: 2025 APA-CMS Bar Exam.The American Planning Association Chicago Metro Section recently teamed up with Ancel Glink’s Quorum Forum podcast for the 10th annual “Bar Exam” planning law session. This event is a realistic simulated law school experience testing planners and land use professionals on important planning law...

Thursday, May 1, 2025

PAC Finds Public Body in Violation of FOIA For Not Responding


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...

Tuesday, April 29, 2025

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


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...

Monday, April 28, 2025

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


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...

Thursday, April 24, 2025

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


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...

Tuesday, April 22, 2025

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


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...

Thursday, April 17, 2025

Court Interprets Procedural Requirements in Civil Forfeiture Statute


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...

Friday, April 11, 2025

Illinois Supreme Court Dismisses Redistricting Challenge to State Legislative Maps


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...