Tag Appellate Court

Appellate Court Sends Municipalities Another Warning on the Dangers of Failing to Properly Administer Benefits Under PSEBA

In the recent case of Mertes v. Village of Mt. Prospect (2024 IL App (1st) 221787), the Appellate Court considered a dispute over whether a Village firefighter, Eric Mertes, was properly determined to have suffered line-of-duty injuries that were “catastrophic”… Continue Reading →

Tressler Wins in Appellate Court on Behalf of the Board of Elections for the City of Chicago

Tressler LLP represented the Board of Elections for the City of Chicago in a complaint that challenged the inclusion of an advisory referendum initiated by the City Council on the March 19, 2024 primary ballot. The plaintiffs consisted of a… Continue Reading →

Mayor is Not a “Public Body” Under FOIA

In 2022, an inmate sent a letter to the mayor of Taylorville, IL complaining about the City attorney and other matters. The letter also included a FOIA request for a copy of the letter. The City’s FOIA officer denied the… Continue Reading →

Do You Own a Sidewalk? Appellate Court Gives Public Entities Another Win in Sidewalk Defect Cases

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,… Continue Reading →

Civil Penalties For FOIA Violations Survive Even After Documents Are Disclosed

Recently, in Staake v. Department of Corrections, 2022 IL App (4th) 210071, the Appellate Court heard a case pertaining to alleged FOIA violations. In 2018, an inmate, Jared Staake, filed two separate FOIA requests with the Illinois Department of Corrections… Continue Reading →

Appellate Court Upholds Application of “Open and Obvious” Danger With Dismissal of Wrongful Death Lawsuit Against the CTA

Last week, the appellate court affirmed the dismissal of a wrongful death lawsuit that was filed against the Chicago Transit Authority (CTA) continuing a history of decisions with respect to moving trains presenting an “open and obvious danger.” In Pryor… Continue Reading →

Appellate Court Determines That 28,000 Pages Of Records Is Not Unduly Burdensome Under FOIA

In Greer v. Board of Education of the City of Chicago, 2021 IL App (1st) 200429, the appellate court found that reviewing 28,000 pages of records responsive to a FOIA request was not unduly burdensome. On October 12, 2018, Tyrone… Continue Reading →

School Board Rejects Hearing Officer’s Recommendation and Fires Teacher for Cheating

Jennifer Longanecker was a tenured fifth-grade teacher in the East Moline School District. In 2014, the School Board found that she helped a student cheat on the Illinois Standards Achievement Test. In doing so, the Board reversed a hearing officer’s finding that… Continue Reading →

An Evolving Landscape – Public Bodies’ Responsibility to Pay Prevailing Wage to Laborer Landscapers

Public bodies and those who contract with public bodies should be aware of a recent appellate court decision that addressed two topics with respect to the Prevailing Wage Act – the importance of including specific prevailing wage language into contracts… Continue Reading →

Legal Challenge to Waste Transfer Station Siting Fails

In Will County v. Village of Rockdale, 2018 Il App (3d) 160463 (July 5, 2018), the Illinois Appellate Court affirmed grant of waste transfer station siting, holding that a Village had jurisdiction over the matter, an amendment to the siting… Continue Reading →

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