holiday season is here, and the Quorum Forum podcast team is ready to
celebrate! To ring in the New Year, we will be reviewing case law and
legislation that our local government listeners should know for 2024. Email
your questions to Happy Holidays!—Resources—Appellate
Court Upholds $1.7 Million in Fines for Violations of Municipal Codes
General Assembly: Public Act 103-0514 Expands
Reasons for Remote Attendance by Member of Public Body Body
Did Not Act in Bad Faith in FOIA Response
Court Finds University Social Media to be Nonpublic Forum

Continue Reading 78: New Laws for the New Year

The Illinois Attorney General’s Public Access Counselor (PAC) issued its 14th binding opinion of 2023 finding a public body in violation of the OMA for taking final action to approve closed session meeting minutes in closed session. PAC Op. 23-014.

A trustee filed a complaint with the PAC alleging that his board voted to approve the closed session meeting minutes of a prior board meeting while in closed session in violation of the OMA. According to the PAC opinion, the board took a vote on the minutes in closed session but did not take any action in open session
Continue Reading PAC Finds Public Body in Violation of OMA for Approving Closed Session Minutes in Closed Session

Two individuals submitted
separate FOIA requests to the Illinois State Police (ISP) seeking records
relating to their own Firearm Owners’ Identification (FOID) cards. ISP denied
both requests, citing FOIA exemption 7.5(v), which exempts from disclosure the
names and information of people who have applied for or received FOID cards
under the Firearm Owner’s Identification Card Act. Both requesters then sued ISP,
claiming it denied their FOIA requests in violation of FOIA. The
circuit court and the Appellate Court ruled in favor of the
requesters, finding the requested records were not exempt from disclosure
because the requesters were seeking their own
Continue Reading Person’s Own FOID Card Records Not Releasable Under FOIA

An Illinois Appellate Court recently validated an intergovernmental
agreement (IGA) that required the municipalities subject to the IGA to require, as a condition of annexation, that developers pay impact fees for road improvements and determined that a developer was required to pay the fees. Habdab v. Lake County.
In 2009, Mundelein (Village), Lake County (County), and two
other municipalities entered an IGA to provide for construction funding for highway
improvements that would serve each municipality. The IGA required
that half of the costs of the improvements be paid by the public and the other
half be paid by impact
Continue Reading Court Upholds Road Impact Fees Imposed Through IGA and Annexation Agreement

A local liquor commission denied a liquor license to a proposed social club based on the proposed club’s failure to obtain a business license, which had been previously denied because of a lack of parking for the business. The proposed club’s owner appealed the denial to the State Liquor Commission, which upheld the denial, and the owner appealed to the circuit court. The circuit court upheld the denial, finding that both the local liquor commission’s and the State Liquor Commission’s decisions denying the issuance of a liquor license were “well-supported by the record.” On appeal to the Appellate Court, the proposed
Continue Reading Municipality Properly Denied Liquor License Based on Previous Denial of a Business License

A hunter’s lawsuit against a forest preserve district (District) claiming his constitutional rights were violated by the District because of restrictions on his ability to hunt on private land was recently dismissed in Brenczewski
v. Forest Preserve District of Will County
In 1996, the owners of a large parcel of land gave a hunter permission to hunt on their land, without charge. Over the next 20 years,
the hunter claimed District employees interfered with his access to the private property and harassed him on multiple occasions. In 2020, District purchased a
small piece of the private property, and as
Continue Reading Court Upholds Dismissal of Hunter’s Case Against Forest Preserve District

In the recent case of Martin v. City of Chicago, 2023 IL App (1st) 221116 (November 15, 2023) 3d Div., Cook Co., the Appellate Court addressed the issue of public entity liability for injuries caused by defective sidewalks. The Plaintiff, Sarah Martin, alleged that she sustained injuries after falling into a hole in a sidewalk in Chicago. Martin filed a lawsuit against the city, alleging that the city was negligent in maintaining the sidewalk in a safe condition. The trial court considered the case as one of premises liability and instructed the jury to determine if the Plaintiff was
Continue Reading Do You Own a Sidewalk? Appellate Court Gives Public Entities Another Win in Sidewalk Defect Cases

The Illinois General Assembly adjourned its fall veto
session last week. Before the session ended, the General Assembly acted on a
few bills of interest that may be of interest to local governments. We summarized just a few of these
below but note that these bills have not yet been enacted and are still awaiting Governor action. We will provide updates if these
bills become law.
Vehicle Charging Act Amendment (SB 0384)

We previously reported on the Electric
Vehicle Charging Act
. If signed by the Governor, this would
clarify current language in the Act that refers to multi-family
Continue Reading Illinois General Assembly Fall Session

As a general rule,
the Illinois Freedom of Information Act (FOIA) does not require a public body to
create records – instead, it requires a public body to provide access to
records the public body already has in its possession or under its control,
subject to applicable exemptions. However, there are a few provisions in FOIA that
do require the creation, retention, and, in some cases, the posting of certain
records by public bodies. These requirements are listed below:

  • List
    of documents or categories of records that are immediately disclosable upon
  • Current
    list of all types or categories of

  • Continue Reading Record Creation Requirements of FOIA

    Last week, the Seventh Circuit Court of Appeals issued a lengthy opinion in a Second Amendment challenge involving six consolidated cases. Bevis et al., v. State of Illinois et al..

    The underlying cases involved challenges to the constitutionality of the State of Illinois “Protect Illinois Communities Act,” that restricted the sale, delivery, manufacture, and possession of certain types of semi-automatic weapons and high capacity magazines and also challenges to various municipal ordinances that imposed similar restrictions. The nature of these appeals varied as some of the district courts had issued injunctions against the enforcement of challenged restrictions and other
    Continue Reading Seventh Circuit Rejects injunction Against Enforcement of Protect Illinois Communities Act

    A recent First District Illinois Appellate Court ruling in the case of Lara Stachler v. The Board of Education of the City of Chicago, 2023 IL App (1st) 221092, rejected the plaintiff-appellant’s assertion that the Illinois Human Rights Act entitles an employee to accommodations for pregnancy-related medical conditions even when the accommodation would preclude the employee from performing the essential functions of her job. The court further held that an employee must advise her employer when an employer-provided private room to breastfeed or express breastmilk is inadequate.

    Upon return from maternity leave to her work as a speech-language pathologist with
    Continue Reading Granting Request for Remote Work to Employee Due to Pregnancy-Related Conditions Not Required Where it Would Eliminate Key Function of Her Position

    Ancel Glink has released a new episode of its Quorum Forum Podcast: Episode 77: Housing Affordability at ACSP2023. In this episode (recorded live at the 2023 Association of Collegiate Schools of Planning Annual Conference), Ancel Glink attorneys David Silverman and Dan Bolin discuss how communities are promoting housing affordability and review legal and practical approaches to addressing housing opportunities in Illinois and across the country. Thanks to APA Illinois for inviting us to the conference. 
         Related Stories

    Continue Reading Quorum Forum Podcast Ep. 77: Housing Affordability at the ACSP2023

    In response to a 2016 FOIA request seeking records relating
    to the requestor’s criminal case, the Chicago Police Department disclosed
    certain records subject to certain redactions. A few years later, the requestor
    submitted another FOIA request seeking records and statements attributed to a
    specific witness that testified at the requestor’s criminal trial. Attached to
    the second FOIA request was a notarized statement from the witness consenting
    to disclosure of her personal information to the requestor. After CPD refused to
    disclose the private information of the witness, the requestor sued CPD alleging that
    it violated FOIA by withholding the private information
    Continue Reading Court Distinguishes between "Private" and "Personal" Information under FOIA

    David Silverman joined Dan Bolin and Ancel Glink’s Quorum
    Forum podcast to discuss how communities are promoting housing affordability.
    Recorded live at the 2023 Association of Collegiate Schools of Planning Annual
    Conference, David reviews legal and practical approaches addressing housing
    opportunities in Illinois and across the country. Thanks to APA Illinois for
    inviting us to the conference! Is your community taking action on affordable
    housing? Email us at!


    Association of Collegiate Schools of Planning


    Producers: Daniel J. Bolin

    Executive Producers: Keri-Lyn Krafthefer, Julie Tappendorf

    Chair: Daniel J. Bolin

    Engineers: Ricardo Perez,
    Continue Reading 77: Housing Affordability at ACSP2023

    The Illinois Attorney General doesn’t issue very many general opinions (separate from the PAC opinions) but a recent opinion is worth a read as it involves an unusual issue – a county’s secession from one state to an adjoining state.At the request of the Jerseyville County Board, the County States Attorney requested an opinion from the Illinois Attorney General (AG) as to whether an Illinois county could secede from the State of Illinois and join the State of Missouri. According to the AG’s opinion, the issue had arisen in connection with a discussion by the County Board about the placement
    Continue Reading Illinois County Has No Authority to Secede from Illinois According to the Attorney General

    A requestor filed several FOIA requests with United States Immigration and Customs Enforcement (ICE) under the federal FOIA statute, seeking records regarding his transfer from ICE custody to Indiana where he faced criminal charges. ICE produced certain records but redacted (1) information protected by attorney-client, work product, or deliberative process privileges under FOIA exemptions; and (2) identifying information of government employees under other FOIA exemptions because disclosure would put employees at risk of harassment and serve no public benefit. The requestor sued ICE, alleging ICE’s redactions were improper. The district court ruled in favor of ICE, finding it properly redacted
    Continue Reading ICE Did Not Violate Federal FOIA in Redacting Records