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State law requires home rule municipalities to obtain voter approval before they can impose or increase a real estate transfer
tax. In November 2023, the Chicago City Council passed a resolution to place a referendum on the March 2024 ballot to modify the City’s real estate transfer tax. The ballot question proposed to decrease real estate transfer
taxes for properties sold for less than $1,000,000 and increase transfer taxes
for properties sold for more than $1,000,000.
A collection of local business and real estate organizations
challenged the proposed ballot question, arguing the proposal violated state statute and the Illinois Constitution. Plaintiffs argued that
Continue Reading Appellate Court Declines to Decide Challenge to Ballot Proposal

We have been following two pending appeals to the U.S. Supreme Court involving First Amendment challenges to government officials regarding their social media activities. The Supreme Court issued opinions in both cases today. We wanted to get a post out right away with a very brief summary of the two rulings and will plan a more detailed summary and explanation of the Court’s analysis next week.The first case involved a First Amendment lawsuit against a City Manager who had deleted critical comments and blocked the commenter from the City Manager’s personal Facebook page. The Sixth Circuit Court of Appeals had
Continue Reading BREAKING: Supreme Court Rules on Government Social Media Cases

The Seventh Circuit Court of Appeals rejected new trial request in a
lawsuit brought by a former employee against a city clerk. Artis
v. Santos

In January 2016, a city clerk asked a junior clerk to
volunteer for two political campaigns, and the junior clerk declined. In February 2016, the city clerk fired the junior clerk, stating that the reason was the clerk’s previous felony conviction for stealing public funds. The junior clerk then sued the city clerk claiming the
termination was retaliation against his refusal to volunteer for the political campaigns in violation of his First Amendment free speech
Continue Reading Seventh Circuit Rules Fired Clerk Not Entitled to New Trial

Cook County adopted two ordinances to impose a special retail tax on the purchase of firearms and firearm
ammunition. In 2015, a group of plaintiffs challenge the tax claiming it violated both the Second Amendment of the U.S. Constitution and the Uniformity Clause of the Illinois Constitution. In that previous case (Guns Save Life v. Ali), the Illinois
Supreme Court found the tax to violate the
Uniformity Clause.
More recently, plaintiffs filed a class action lawsuit against the County claiming the tax was unconstitutional because it violates their Second Amendment rights, and seeking money damages for themselves and
Continue Reading Appellate Court Remands Second Amendment Challenge to County Gun Taxes

The Seventh Circuit Court of Appeals ruled in favor of a Village in excluding evidence regarding damages arising from a Village’s
decision to deny a special use permit to operate a strip club. Chicago
Joe’s Tea Room v. Village of Broadview

In 2006, the club owner (Owner) tried to open a strip club,
but the Village denied the Owner a special use permit. The Owner filed a lawsuit
in May 2007 alleging multiple issues that were resolved in complicated court
proceedings between 2008 and 2018. The only issue remaining was whether the
Owner was owed damages over the denial of
Continue Reading In the Zone: Seventh Circuit Rules on Damages Claims in Strip Club Lawsuit

An Illinois Appellate Court recently found candidates
substantially complied with the Election Code against a challenge to the language on the circulator’s certification. Gallagher v. Cook County Officers Electoral Board.
Candidates for the office of
Appellate Court Judge filed nomination papers to be included on the March
2024 primary election ballot. The nomination papers included affidavits
certifying their petitions were signed during the required statutory
period. Objectors claimed the candidates’ affidavits did not comply with the
Election Code (Code) because the date range deviated from the Code’s required language,and the candidates should not be on the ballot.
The affidavits contained
Continue Reading Court Finds Substantial Compliance with Election Code

In 2010, a driver was convicted of driving under the
influence of alcohol and appealed, claiming her conviction was “void” because the Village prosecuted
her without the written permission of the County State’s Attorney as required by Section 16-102(c) of the Illinois Vehicle Code. That section provides that “The State’s Attorney of the county in
which the violation occurs shall prosecute all violations [of the Code] except when the violation
occurs within the corporate limits of a municipality, the municipal attorney may prosecute if
written permission to do so is obtained from the State’s Attorney.”
The Appellate Court upheld her conviction
Continue Reading Driver’s DUI Conviction Upheld

Chavez participated in a taser training conducted by a part-time police officer. During the training, the instructor inadvertently tased both Chavez and the spotter who was meant to catch Chavez’s fall. As a result, Chavez fell and was injured. He filed suit against the instructor and the municipality, claiming he was injured because of the
instructor’s failure to conduct the course in a reasonably safe manner and that the
instructor should have placed mats to catch his fall.
The defendants argued they were entitled to discretionary immunity under the Local Governmental
and Governmental Employees Tort Immunity Act (Act). The Act
Continue Reading Instructor and Municipality Had Immunity for Taser Injury

An Illinois Appellate Court recently reversed a trial court order that a firefighter pension fund board of trustees (Pension Board) must hold a new
hearing, finding that the Pension Board had provided sufficient due process to the former deputy chief. Ibrahim
v. Romeoville Firefighters’ Pension Fund

A month before the deputy fire chief retired, the mayor and village board increased the deputy chief’s salary from approximately $125,000 to $150,000. When the deputy chief applied to the Pension Board to receive his pension, the Pension Board approved payouts based on
the chief’s $125,000 salary. The deputy chief filed a request with
Continue Reading Former Deputy Chief Not Entitled to Rehearing on Retirement Pension

In 2022, an inmate submitted a request to a City for a copy of his own letter he had sent to the Mayor
complaining about the conduct of the City’s attorney. The City denied the request, arguing, among other reasons, that the letter
was not a “public record” under FOIA because it was addressed to the Mayor who
did not qualify as a “public body” under FOIA. The requestor sued the City
claiming the City’s denial violated FOIA, and the circuit court ruled in the City’s favor.
On appeal, the Appellate Court upheld the
circuit court’s ruling in Shehadeh
v.

Continue Reading Court Holds that Mayor is Not a "Public Body" Under FOIA

In its second binding opinion for 2024, the Public Access Counselor of the Attorney General’s Office (PAC) found a public body in violation of FOIA for failing to respond to a FOIA request. PAC Op. 2024-02.

With so few binding opinions issued by the PAC each year (about 15 or so each year) and no website posting of the PAC’s advisory opinions, there still isn’t a lot of guidance for public bodies on the unique (or routine, for that matter) questions and issues that come up in their compliance with FOIA and OMA.

 
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Continue Reading PAC (Again) Says Public Body Must Respond to FOIA Request

A firefighter applied for a non-duty disability with his current fire pension fund but was denied because he was not eligible for a pension as he had only been with his current department for a year. He also filed a separate application with his former fire pension fund, which also denied his claim because he was no longer eligible for a pension since he was no longer an employee of the department and had voluntarily left to take a job with another fire department.

The firefighter then sued claiming he was entitled to a pension because he should be allowed
Continue Reading Firefighter Not Entitled to Non-Duty Disability Pension From Former Employer’s Pension Fund

Ancel Glink has posted a new podcast episode on Quorum Forum: Episode 80: Not in My Park! Regulating Controversial Park Activities. 
Park and recreation agencies manage many acres of public
space where controversial activities sometimes take place. What authority does
your organization have to address resident complaints over the location of
pickleball recreational facilities, homeless individuals’ and migrant
populations’ use of public parks, and protests in parks? Find out as Ancel Glink attorneys Tyler
Smith, Katie Nagy, and host Erin Monforti take over Ancel Glink’s Quorum Forum
podcast! 
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Continue Reading Quorum Forum Podcast: Ep. 80 – Not in My Park!

As migrants arrive in the Chicagoland area from the southern border, several questions have arisen regarding the
legal authority for townships to provide financial aid through general
assistance funds. While townships have the authority to provide
financial assistance to migrants under the Public Aid Code, 305 ILCS
5/1-1 et seq., (Code), whether migrants are eligible for general
assistance funds is a bit more complicated .

First, to receive general assistance under the Code, recipients
must either be United States citizens or in a category of eligible
non-citizens. The Code provides definitions of those categories, but a township may need to
Continue Reading Townships and General Assistance for Migrants

An Illinois Appellate Court allowed a group to proceed
with some of its claims in its lawsuit to stop a proposed development of an industrial park. Stop
Northpoint, LLC v. City of Joliet

In October 2020, a group sued a city and
developer to prevent the annexation of over 1000 acres of unincorporated property for the purpose of developing an industrial business park for warehouses and
truck terminals. The city and developer agreed to an annexation and
development agreement and development approvals after conducting multiple public hearings. After amending the lawsuit
several times, the trial court
ultimately considered five claims:
Continue Reading Court Allows Nuisance Claims Regarding Industrial Development to Move Forward

The Illinois Supreme Court recently held that a trial court
had no authority to balance the interests of the parties in determining whether
to enforce compliance with an ordinance. City of Rock Falls v. Aims Industrial Services, LLC.
The City of Rock Falls had an ordinance in place that requires any property within
city limits that is being serviced by a private sewage disposal system to be
converted and redirected to the public sewage disposal system upon the sale of
that property. Aims Industrial Services, LLC (Aims) purchased a
commercial property located within Rock Falls that was being serviced by a
Continue Reading Trial Court Erred in Applying Balancing Test in Ordinance Enforcement Action