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  Friday, July 19, 2019     Planners, lawyers, and land use professionals won’t want to miss this upcoming webinar hosted by the American Planning Association’s Planning & Law Division on the recent Supreme Court’s takings decision in Knick.  See below for details: What the Supreme Court’s Knick Decision Did and Did Not Change Tuesday, July 30, 2019 1 p.m. – 2:30 p.m. Eastern Timenoon – 1:30 p.m. Central Time CM I 1.50 I LawCLE 1.50 through Illinois State Bar In June, a divided Supreme Court overturned part of a longstanding precedent that generally required plaintiffs alleging unconstitutional takings to first try…
  Monday, July 15, 2019     A few miscellaneous new Illinois laws were signed into law last Friday that may affect units of local government, including the following: P.A. 101-0041 amends the Fire Protection District Act to require a fire protection district to post on its website notices of any proposal to award any contract for work that will exceed $20,000. The amendment also removes a requirement that other notices be published in a daily newspaper. P.A. 101-0047 amends the non-home rule municipal sales tax statute to extend the time period for non-home rule municipalities to use the local sales tax revenues…
  Thursday, July 11, 2019     Public bodies should be aware of an unreported appellate court case holding that a public body could not impose fees in response to a FOIA request where the public body did not respond to the request in a timely manner.  Varan v. White. Varan had filed a FOIA request with the Secretary of State’s office for various records. The state did not respond to the request until six months later, and informed Varan that he had to pay $19,711.55 for the requested records, which was calculated based on a $25 charge per record. Varan…
  Wednesday, July 10, 2019     You may recall that we briefly reported on this case the day it was issued, with the promise that we would provide more details on the ruling in a future blog post.  So, here it is! In a dispute that arose over a cemetery, the U.S. Supreme Court recently buried longstanding precedent and held that takings-claim plaintiffs may now sue directly in federal court. The controversial ruling came down in Knickv. Township of Scott, where a cemetery owner claimed that a township ordinance requiring her to keep her land “open and accessible to…
  Tuesday, July 09, 2019     We have previously reported on the lawsuit filed against President Trump to challenge his blocking of users from his Twitter account, which the users argued violated their First Amendment rights. The federal district court ruled in their favor, finding (1) that President Trump’s @realDonaldTrump account was a public forum subject to the First Amendment and (2) that his actions in blocking users from that account violated the First Amendment rights of those blocked users.  The President appealed that ruling to the Second Circuit Court of Appeals. This morning, the Second Circuit issued its opinion…
  Tuesday, July 09, 2019     Coming on the heels of stories in Philadelphia that 76 police officers were placed on leave for allegedly racial social media activities, Dallas announced last week that it was investigating 25 police officers who had allegedly posted or shared racist or other objectionable material on social media.  News reports cite to a database published by an action group that catalogs thousands of racist or violent posts made by police officers in several states. Reportedly, five states are investigating police officers following release of this database. More than a thousand of the cataloged public posts…
  Monday, July 08, 2019     Restoration Construction Company filed a lawsuit against a school district claiming the district refused to pay for construction and restoration services provided by Restoration after a school building was damaged by fire. The work had been performed under a contract signed by the school district’s superintendent. The value of the work under the initial agreement was over $331,000. The contract was not presented to the school district board for approval. Subsequently, the school district board president signed an amended contract with Restore Construction to repair the school. That contract valued the work at over $6.9…
Wednesday, June 26, 2019     The Illinois legislature slipped a little-known provision into House Amendment 3 of Senate Bill 690 (part of the “Leveling the Playing Field for Illinois Retail Act) that would establish a parking excise tax. Beginning January 1, 2020, the Parking Excise Tax Act would impose a state excise tax on the privilege of using a parking space in a parking garage or area at the rate of 6% for hourly, daily, or weekly parking and 9% for parking paid on a monthly or annual basis. The tax would be collected by the “operator” of any…
Monday, June 24, 2019     The Illinois appellate courts don’t often decide FOIA cases, so it’s always an interesting read when they do (most of our FOIA posts deal with PAC opinions). In Kelly v. Village of Kenilworth, et al., 2019 IL App (1st) 170780, an appellate court considered the appeal of a denial of a FOIA request for records relating to a 50 year old investigation into the murder of a 21 year old in her Kenilworth home. Kelly had filed various FOIA requests with the Village, the state police, the Cook County states attorneys office, among…
  Friday, June 21, 2019     In a 5-4 decision, the U.S. Supreme Court overruled longstanding precedent in Williamson County Regional Planning Comm’n v. Hamilton Bank, 473 U.S. 172 (1985), that required property owners to pursue their claims against government in state court before they could bring a federal lawsuit alleging a “taking” in violation of the Fifth Amendment of the U.S. Constitution. See Knick v. Township of Scott (USSCT, June 21, 2019). The Williamson County ripeness doctrine allowed government bodies to defend these property and land use cases in state court, where state court remedies were available. The U.S.…
  Thursday, June 20, 2019     Check out Ancel Glink partner David Silverman’s appearance on ELGL’s GovLove podcast discussing “Law in Plain English,” as part of their #GovLoveLegal series. A description of the podcast is below and you can listen to the podcast here.  Writing legalese for residents. GovLove Legal returns with a discussion of how to write about complex legal topics in a way that is understandable for residents and elected officials. Jenny Kosek, Communications Strategist in West Allis, WI, and David Silverman, Partner at Ancel Glink Law Firm, share their perspectives and tips for taking…
  Tuesday, June 11, 2019     Cannici, a firefighter in Melrose Park, purchased a duplex in Melrose Park in 2000, about the same time he began working at the Village. He continued to live there with his wife and two children until 2008, when he purchased a home in Orland Park. His wife and two children moved into the new home, and he claims he stayed in the Melrose Park duplex and visited his family in Orland Park on the weekends. For a couple of years, he attempted to sell the Melrose Park house but a sale never happened. Instead,…
  Monday, June 10, 2019     There is a lot of information available in news articles, blogs, and social media about the recreational cannabis legislation recently passed by Illinois, which is awaiting the Governor’s signature. For those of you who want to learn more, or just prefer to “hear” your news, we’ve put together a Quorum Forum podcast episode on the legislation.  More information below: The Illinois General Assembly recently approved recreational cannabis and, with the Governor’s expected signature, the new law will bring sweeping changes for local governments and employers. Ancel Glink’s Adam Simon and Matt DiCianni discuss questions…
  Thursday, June 06, 2019     Last June, we posted about a Supreme Court decision that eliminated the requirement that a retailer have a physical presence in a state for it to be subject to the assessment of sales taxes. After the Wayfair decision, Illinois adopted Public Act 100-0587 amending the Use Tax Act and Service Use Tax Act to incorporate language to tax Internet transactions. Unfortunately for municipalities, the Use Tax and Service Use Tax is not distributed to municipalities based on the point of sale or point of delivery, but on a per capita basis. So, while Illinois has…
  Wednesday, June 05, 2019     The PAC issued its fifth binding opinion in 2019 last week in PAC Op. 19-005. In this opinion, the PAC found the Chicago Police Department in violation of FOIA for denying a request for release of “extradition calendars.”  CPD personnel who work in the field services section on prisoner extradition matters put together a working schedule calendar containing various assignments to assist the officers and their supervisors in keeping track of court dates and related activities in the department. In response to a FOIA request for a copy of the calendar, the CPD…
  Tuesday, June 04, 2019     The Illinois General Assembly was quite busy last week, passing legislation legalizing the recreational use of marijuana, expanding gambling, putting forth a ballot question on modifying the state income tax provisions of the Illinois constitution, passing a budget, among many other bills. It is expected that Governor Pritzker will sign these bills into law.  Although all of these will have an impact throughout the state, the legalized marijuana bill (HB 1438) may have the most impact on local governments. We had reported previously on an earlier draft of the recreational marijuana bill but…