Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

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Latest from Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

A requestor submitted various FOIA requests to a Public Defender’s Office, the States Attorney’s Office, and the County Sheriff. The Public Defender’s Office denied the request, arguing that the Public Defender’s Office was not a public
body subject to FOIA because it was part of the judiciary. The State’s Attorney’s Office (SAO) and County Sheriff (Sheriff) responded that they
did not have responsive records or denied the requests as
unduly burdensome and invited the requestor to narrow the burdensome requests. 
The requestor then sued the Public Defender’s Office, the
SAO, and the Sheriff claiming that they violated FOIA by denying
Continue Reading Appellate Court Upholds Dismissal of FOIA Lawsuit

In response to a FOIA
request seeking policies and rules regarding
statements by accused persons during custodial interrogations, a Sheriff’s
Office responded that it did not have responsive records in its possession or
custody. The  requestor sued the Sheriff’s Office alleging that its
response violated FOIA, and sought a court order requiring the Sheriff’s
Office to produce the requested records. The Sheriff’s Office moved to dismiss
the case, supported by an affidavit from its administrative assistant responsible
for maintaining its records that the assistant conducted a thorough search
of the Sheriff’s Office records and did not find any responsive records.
Continue Reading FOIA Lawsuit Dismissed Where Requested Records Did Not Exist

During the pandemic, a City issued the “Safer at Home
Order” which prohibited people from going out except for limited “essential
activities.” To help mitigate economic damage as a result of the Order, the
City made emergency funds available to non-essential businesses. The available
funds were limited and not all of the qualifying businesses were able to
receive funding.
A married couple who owned and operated an import and gift
store filed suit against the City after their application for the emergency
funds grant was denied. They claimed that the City denied their application because the husband had attended a
Continue Reading Court Rejected Lawsuit Challenging Denial of Local Pandemic Funding

In Greenwald Family LP v. Village of Mukwonago, the Seventh Circuit Court of Appeals ruled in favor of a municipality in a “class of one” equal protection lawsuit challenging the municipality’s decisions in various interactions with a property owner.This case has quite a bit of history of interactions between the plaintiff (Partnership) and the Village related to 48 acres of land owned by the Partnership and the Partnership’s desire to purchase additional property, ultimately leading the Partnership to file a lawsuit against the Village.In 2014, the Partnership negotiated a purchase agreement to buy 4 acres of farmland from the
Continue Reading In the Zone: Court Rejects "Class of One" Equal Protection Lawsuit in Land Use Case

On August 4, 2023, Governor Pritzker signed PA
103-0510
into law, which makes several changes to two state statutes: the Capital
Development Board Act and the Illinois Residential Building Code Act, which municipalities and counties should be aware of.Changes to the Capital Development Board Act
The new law requires municipalities and counties that have adopted and are enforcing a building code to identify the adopted model code, by title and edition, and any local amendments, to CDB in writing no later than June 30, 2024. Similarly, municipalities and counties adopting a new building code must identify the model code being adopted, by
Continue Reading In the Zone: Changes to Building Code Statutes

A federal district court in Illinois recently held that a City’s application of its parking requirements to a church placed a substantial burden on religious exercise under the
Religious Land Use and Institutionalized Persons Act (RLUIPA) where the City
applied their requirements on a case-by-case basis. Immanuel Baptist
Church v. City of Chicago.

Since 2011, a church, located in a planned
development within the City, operated with an occupancy of 146 people. The City Code required that buildings used for religious assembly have
one off-street parking spot for every eight seats of occupancy, which meant the
church was required to
Continue Reading In the Zone: City’s Application of Parking Requirements to a Church Violated RLUIPA

Ancel Glink’s Quorum Forum Podcast has released Episode 83: Real Estate Law 101 at the National Planning Conference.In this episode, Ancel Glink’s Quorum Forum podcast was in attendance at #NPC24 in Minneapolis to celebrate
six years of podcasting and Ancel Glink’s David Silverman’s induction into the AICP College
of Fellows, the highest honor bestowed on a member of the American Institute of
Certified Planners. During the conference, David joined an esteemed panel for
“Real Estate Law 101” to help planners understand the fundamentals of real
estate and property law. 
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Continue Reading Quorum Forum Podcast Ep. 83: Real Estate Law 101

An Illinois Appellate Court recently dismissed a police officer’s whistleblower retaliation claim. Blisset v. City of Chicago.

A police officer was demoted from the rank of Commander to Captain under a police department’s restructuring of its detective units and areas. After being demoted, the officer sued the City under the Whistleblower Act arguing he was retaliated against for disclosing illegal activity, refusing to participate in illegal activity, and that the police department retaliated against him for exposing public corruption or wrongdoing. The police officer alleged his demotion was retaliation for disclosing information to City attorneys about another officer’s attempt
Continue Reading Court Dismisses Whistleblower Retaliation Claim

In April, U.S. Department of
Justice announced new regulations that require state and local governments to
comply with Web Content Accessibility Guidelines (Accessibility Rules). Title
II of the Americans with Disabilities Act requires that state and local
governments ensure that people with disabilities have an equal opportunity to
benefit from programs, services, and activities. The new Accessibility Rules
serve to supplement the protections under Title II, which previously covered
local governments’ website content and online activity, but did not impose
technical standards of conduct. The Department of Justice has explained that
the new Accessibility Rules will ensure people with disabilities
Continue Reading DOJ Issues New Rules on the Accessibility of Web Content

The U.S. Supreme Court recently issued an opinion finding that legislatively enacted impact fees are not exempt from the “takings” analysis required by Nollan and DolanSheetz v. County of El Dorado, California.

The owners of property in the center of the El Dorado County, California
that was zoned in the low density residential district applied for a building
permit to build a small, prefabricated house. As a condition to the
permit, the County required the owners to pay a $23,420 traffic impact fee as
required by the County’s General Plan rate schedule. The owners paid the fee
Continue Reading In the Zone: Supreme Court Holds that Legislatively Enacted Impact Fees Are Not Exempt from Nollan and Dolan

In 2021, a home rule municipality (Village) entered into a contract with a vendor (Vendor) for IT services. The
Village approved the contract for a 5-year term through a resolution
unanimously adopted by the Village Board. The terms of the contract provided
that either the Village or the Vendor could terminate the contract, but only
after providing written notice to the other party that there had been a breach.
For several months, the Village paid the Vendor for services under the contract. At that point, however, the Village Manager informed the
Vendor that the contract was not “working out,” and
Continue Reading Approval of Contract Extending Beyond Mayor’s Term a Valid Exercise of Home Rule Authority

An Illinois Appellate Court recently upheld the dismissal of a First Amendment and civil rights challenge to a municipality’s public comment policy and various other actions. Eberhardt v. Village of Tinley Park.The plaintiff had previously filed a lawsuit in federal court against the village challenging a variety of actions, including a First Amendment challenge to the village’s public comment policy that restricted comments at a special village board meeting to those that are “germane” to agenda items at that special meeting. In 2021, the federal court dismissed the lawsuit on several bases, including that the special board meeting was a
Continue Reading Court Rejects First Amendment Challenge to Public Comment Policy

An Illinois Appellate Court recently upheld a pension
board’s decision rescinding a firefighter’s retirement pension benefits due to a felony conviction. Trapp
v. City of Burbank Firefighter’s Pension Fund
.
A city firefighter retired in 2017 after allegations were raised that he had an inappropriate relationship with a high school intern cadet
at the fire department. The Pension Fund Board (Board) approved the firefighter’s application for a retirement pension in
2017. In 2020, the firefighter pled guilty to knowingly possessing child
pornography by soliciting sexually explicit photos and videos from a high
school cadet while he was employed as a
Continue Reading Appellate Court Upholds Revocation of Firefighter’s Pension Benefits for Felony Conviction

An interesting case about government social media was decided by the 8th Circuit Court of Appeals in January of this year. Felts v. Green. This decision came out before last month’s U.S. Supreme Court decision in Lindke v. Freed that adopted a new “test” for when a government official or employee is engaging in “state action” on their personal social media account for purposes of First Amendment challenges. It’s still worth reporting on even if it preceded the USSCT ruling because the test applied in the Felts case is pretty similar to the test adopted by the U.S. Supreme Court.The
Continue Reading 8th Circuit Finds First Amendment Violation in Government Official Blocking User from Twitter Account

An Illinois Appellate Court upheld the dismissal of a lawsuit brought by a Sheriff’s office employee that sought backpay related to an unpaid suspension in Coduto
v. Cook County
.
In August of 2016, an employee in a Sheriff’s office was suspended without pay after he was arrested for his third
offense of driving while under the influence. The Sheriff then filed charges with the Sheriff’s Merit Board seek terminationation of the employee.
While the charges were pending, the employee remained on an unpaid suspension, and two years
after charges were filed, the Merit Board suspended the employee for 180
Continue Reading Administrative Review Law Was the Exclusive Remedy for Backpay Claim

An Illinois Appellate Court reversed a trial court’s
decision that denied a family that owned neighboring property owners the right to intervene in a 1970 lawsuit in order to enforce certain zoning restrictions and remanded the case back to the trial court for further proceedings. Hatch
v. City of Elmhurst

In 1970, four landowners successfully sued the City over
zoning rules that prevented them from building apartments. The decision forced the
City to allow the project subject to certain restrictions which included
prohibiting structures on certain areas of the property unless specified
adjoining lots were held by common ownership. The
Continue Reading In the Zone: Appellate Court Determines Zoning Restrictions From 50-Year-Old Case Still Applicable