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Statute Prohibiting Child Sex Offenders in Parks Held Unconstitutional

In People v. Pepitone, the Third District Appellate Court of Illinois examined a case where the defendant was convicted of being a child sex offender in a public park under Section 11-9.4-1(b) of the Criminal Code of 2012. Surprisingly, the… Continue Reading →

Non-Profit Hospital Property Tax Headed Towards Resolution Before Illinois Supreme Court

This week, the Illinois Supreme Court will hear oral argument in an important case for Illinois hospitals, which also has significant ramifications for property tax bases for local government entities. The Carle Foundation v. Cunningham Township decision will impact the… Continue Reading →

Court Finds OMA Violation by Board for Failure to Provide Sufficient Public Recital of Key Facts of Agenda Items Before Vote

The Open Meetings Act (OMA) requires that a board provide a sufficient explanation, referred to as a “public recital,” of agenda items before voting on them (5 ILCS 120/2 (e)). What this exactly means is open for debate as shown… Continue Reading →

Federal Judge Temporarily Blocks New Department of Labor Overtime Rules

A federal judge in the U.S. District Court for the Eastern District of Texas entered a nationwide preliminary injunction blocking the Department of Labor’s (DOL) new overtime rules from taking effect on December 1, 2016. As has been widely discussed,… Continue Reading →

Reminder: Changes to Student Residency Law Take Effect January 1, 2017

As we head into the Thanksgiving weekend, it is a good time to look ahead to the changes in the Illinois Student Residency Law that take effect on January 1, 2017. While the ways to establish residency and a number… Continue Reading →

Illinois Voters Pass Safe Roads Amendment Prohibiting State’s Use of Transportation Funds for Non-Transportation Related Projects

On November 8, 2016, Illinois voters overwhelmingly passed the Illinois Transportation Taxes and Fees Lockbox Constitutional Amendment, also known as the Safe Roads Amendment. The amendment was designed to prohibit the state legislature from using transportation funds for non-transportation related… Continue Reading →

School Districts Subject to Local Zoning Regulations Under New State Law

Effective August 25, 2016, Public Act 099-0890 (the Act) clarified that school districts are subject to local government zoning regulations. The legislature characterized the Act as “declarative of existing law,” as opposed to it being a substantive change. The Act… Continue Reading →

Court Rules Election Petition Seeking to Combine Villages Missed Filing Deadline; Will Not Appear on November Ballot

On September 16, 2016, the Honorable Judge Schippers of the Lake County Circuit Court issued a ruling that was the first of its kind concerning election petitions that seek to create or form a new municipality. See In Re: the… Continue Reading →

No Surprise: Illinois Attorney General Rules Private Emails May Be Considered Public Documents

In an opinion issued on August 9, 2016, the Illinois Attorney General’s Office found that private emails may be considered public documents. While there was never a safe harbor for private emails in the past, some had viewed them beyond… Continue Reading →

Court Upholds Municipality’s Provision Requiring Business to Pay Outstanding Debts Before Renewing a License

On June 10, 2016, the Illinois Third District Court of Appeals decided Willie Pearl Burrell Trust v. City of Kankakee, Case No. 2016 IL App (3d) 150655, finding that the City of Kankakee (the City) was justified when it required… Continue Reading →

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