In Haase v. Kankakee School District, the Illinois Supreme
Court considered whether a school district and its employees were
entitled to immunity for a student injury under the Local Governmental and Governmental Employees
Tort Immunity Act (“Tort Immunity Act”).
A parent sued a school district on behalf of his son who was
injured during gym class. According to the complaint, the gym teacher walked
the students through warmup activities and provided basketball and soccer balls
to the students. The gym teacher then went to sit in the corner of the gym and
began using his laptop. The complaint alleges
Continue Reading Illinois Supreme Court Grants Immunity to School District
Appeal of Pension Board Decision Dismissed for Violation of Court Rules in Use of AI
An Illinois Appellate Court recently dismissed the appeal by a former police officer of a pension board’s denial of pension benefits because he violated Illinois Supreme Court Rules when he filed an appellate brief almost wholly created with the aid of artificial intelligence (AI). Pletcher v. Village of Libertyville Police Pension Board.The plaintiff was hired as a police officer in 2003, and filed an application for a non-duty disability pension in 2020. He subsequently withdrew his application, and returned to full duty. In 2022, he was placed on a performance improvement plan for certain violations of department orders and
Continue Reading Appeal of Pension Board Decision Dismissed for Violation of Court Rules in Use of AI
Appellate Court Interprets 50 Pages "Free of Charge" FOIA Provision
An Illinois Appellate Court ruled in favor of a public body in a FOIA case filed by a requester who claimed the public body violated FOIA when it consolidated his six FOIA requests in applying FOIA’s fee provision. Walters v. McHenry County Sheriff’s Office.A requester filed six FOIA requests on the same day with a county sheriff’s office seeking Department of Corrections inspection reports for six different years (one year per request). The sheriff’s office responded to the requests by providing 50 pages free of charge, and stating that the requester would have to pay 15 cents per page
Continue Reading Appellate Court Interprets 50 Pages "Free of Charge" FOIA Provision
Officer Precluded from Membership in Second Police Pension Fund
An Illinois Appellate Court upheld a pension board’s decision to deny an application for pension membership in Kooistra v. Board of Trustees of Sycamore Police Pension Fund.
A deputy chief in a municipal police department retired from that department and began receiving a retirement pension. Subsequently, he was hired as a patrol officer in a second municipal police department and submitted an application for membership in the second municipality’s pension fund. His application was denied by the police pension board based on section 3-124.1(b) of the Police Pension Code, which states as follows:
(b) If a police officer who first
Continue Reading Officer Precluded from Membership in Second Police Pension Fund
City Violated FOIA When it Charged a Fee for an Electronic Copy of an Incident Report
In
response to a FOIA request seeking an electronic copy of an incident report,
a city denied the request and directed the requester to contact the city police
records department to purchase the report at a cost of $5 for residents, or for
$10 for non-residents. After the requester submitted a request for review, the
PAC issued its 13th binding opinion of 2025, finding the
City in violation of Section 6(a) of FOIA by improperly assessing a fee for disclosing
an electronic copy of the incident report. PAC
Op. 25-013.
The
PAC relied upon the language of Section 6(a) of
Continue Reading City Violated FOIA When it Charged a Fee for an Electronic Copy of an Incident Report
Appellate Court Vacates Zoning Violations Against Tree Service Business
A tree service business owned property in a village’s general business district. The village informed the business owner that its use of the property was not permitted by the village’s zoning ordinance and conducted an administrative hearing on the alleged violation. At the administrative hearing, the business owner argued it was not operating a landscape contractor business as the village claimed, and that its operations were compliant with the village’s zoning ordinance. At the conclusion of the hearing, tje administrative hearing officer found the business owner to be in violation of the zoning ordinance because (1) it was storing commercial
Continue Reading Appellate Court Vacates Zoning Violations Against Tree Service Business
Quorum Forum Podcast Ep. 98: E-Bikes and E-Scooters at the APA-IL State Conference
Ancel Glink’s Quorum Forum recently released 98: E-Bikes and E-Scooters at the APA-IL State ConferenceIn this episode, Ancel Glink attorneys Tyler Smith and Eugene Bolotnikov
discuss options for local governments to navigate the current regulatory
landscape of e-bikes and e-scooters. The discussion aims to help communities
address concerns regarding public safety while providing some clarity to the
owners and operators of these vehicles. Tyler and Eugene recently presented on
this topic at the 2025 APA-IL State
Conference, delving into the regulatory options available to
communities in Illinois.
Special Segment: Public Comment Live from the APA-IL
Conference
- The episode
Continue Reading Quorum Forum Podcast Ep. 98: E-Bikes and E-Scooters at the APA-IL State Conference
98: E-Bikes and E-Scooters at the APA-IL State Conference
In this episode, Ancel Glink’s Tyler Smith and Eugene Bolotnikovdiscuss options for local governments to navigate the current regulatory
landscape of e-bikes and e-scooters. The discussion aims to help communities
address concerns regarding public safety while providing some clarity to the
owners and operators of these vehicles. Tyler and Eugene recently presented on
this topic at the 2025 APA-IL State
Conference, delving into the regulatory options available to
communities in Illinois.
Special Segment: Public Comment Live from the APA-IL
Conference
- The episode includes a
public comment segment featuring a live question and answer session
focused on e-bike and
Continue Reading 98: E-Bikes and E-Scooters at the APA-IL State Conference
In the Zone: General Assembly Sends "People Over Parking Act" to the Governor
During the recent veto session, the Illinois General
Assembly passed a large mass transit bill (Senate
Bill 2111) which, among other things, would create the “People Over Parking
Act.” If signed by the Governor, the Act would take effect on June 1, 2026, and
restrict local authority to require minimum off-street automobile parking near
public transit.
Prohibition on Minimum Off-Street Parking Near Transit
The fundamental effect of the Act is to prohibit local
governments from setting requirements for mandatory off-street parking for
automobiles in specific areas. With limited exceptions, a unit of local
government may not impose or
Continue Reading In the Zone: General Assembly Sends "People Over Parking Act" to the Governor
Both Houses Pass the Public Official Safety and Privacy Act
The Illinois General Assembly passed a number of bills in the veto session that may be of interest to local governments, including HB 576 which creates the Public Official Safety and Privacy Act. While HB 576 was designed to protect certain state legislative and executive officials, and certain county officials (and not local government officials), the bill’s ban on “government agencies” displaying or posting personal information about public officials who make a request that this information not be publicly disclosed expressly applies to units of local government and school districts. The bill has been sent to the Governor for signature.
Continue Reading Both Houses Pass the Public Official Safety and Privacy Act
Court Rules in Favor of Sheriff’s Office in FOIA Challenge
An Illinois Appellate Court ruled in favor of a sheriff’s office in a lawsuit challenging the sheriff office’s response to a FOIA request submitted by an arrestee who had been detained in county jail. Staake v. Sangamon County Sheriff’s Office.
Plaintiff was arrested, booked, and detained in a county jail on various criminal charges. While in county jail, plaintiff allegedly made statements to others over the jail’s recorded phone lines about an order of protection his wife had against him as well as the criminal offenses that led to his arrest. Plaintiff filed multiple FOIA requests with the sheriff’s office
Continue Reading Court Rules in Favor of Sheriff’s Office in FOIA Challenge
In the Zone: Court Finds No Procedural Due Process Violation in Zoning Challenge
The Illinois Appellate Court recently issued an opinion in a zoning challenge overturning a trial court’s ruling that a city’s zoning decision violated a neighboring property owner’s procedural due process rights. Clark v. City of Galena.In 2022, a developer filed an application requesting annexation and zoning approvals for a proposed mixed-use development on 80 acres of land in and adjacent to the city. The project included rental cottages, vineyard and winery, gardens, etc. The city’s zoning board held a public hearing where the developer presented its application, and neighboring property owners and other interested parties spoke in opposition to
Continue Reading In the Zone: Court Finds No Procedural Due Process Violation in Zoning Challenge
Local Government Law Institute 2025
It’s that time of year for all of my local government lawyer readers and friends to register for this year’s Local Government Law Institute hosted by the Illinois Institute for Continuing Legal Education (IICLE). This year’s conference will be held on Friday, December 5, 2025, from 8:55 to 3:45 pm. at the UBS Center in Chicago, with a cocktail reception to follow. The conference will be offered by webcast as well.
As always, the agenda for this annual conference is packed with educational and informational (and often entertaining) local government law topics, including the following “can’t miss” sessions:
- Case Law
Illinois General Assembly Passes Bill Amending OMA and FOIA
Both houses of the Illinois General Assembly passed SB 243 that amends the Open Meetings Act and the Freedom of Information Act in a number of ways. The bill (which passed October 15, 2025) now goes to the Governor for his signature. If signed by the Governor, the bill states it would become effective on January 1, 2026.
1. Meetings of Public Bodies Prohibited on Election Day
The bill would amend the OMA to prohibit public bodies from holding or scheduling a regular or special meeting on the day of a general, consolidated, or primary election.
2. Military Service as
Continue Reading Illinois General Assembly Passes Bill Amending OMA and FOIA
Homeowner Not Entitled to Compensation for Property Damage in Search of Home
The Seventh Circuit Court of Appeals recently upheld the dismissal of a homeowner’s Fifth Amendment “takings” claim lawsuit brought against a city and county seeking compensation for damages caused by law enforcement officers who entered her home pursuant to a search warrant to search for a fugitive they incorrectly believed was inside the home. Hadley v. City of South Bend, Ind.In 2022, law enforcement believed that a murder suspect was residing in a South Bend home based on social media posts and the suspect’s IP address, and obtained a search warrant to search the home for the suspect. Although the
Continue Reading Homeowner Not Entitled to Compensation for Property Damage in Search of Home
From The Workplace Report: Opinion Letter Issued by DOL on Calculating Overtime
In case you don’t already follow Ancel Glink’s employment law blog, The Workplace Report (and you should!), you may want to check out a recent blog post about a Department of Labor opinion letter clarifying that “emergency pay” premiums provided to firefighters and other non-exempt employees during declared emergencies must be included in the regular rate of pay when calculating overtime premiums under the Fair Labor Standards Act (FLSA). You can read the blog post at the following link: Opinion Letter Issued by the Department of Labor on Calculating Overtime
Continue Reading From The Workplace Report: Opinion Letter Issued by DOL on Calculating Overtime