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Cable / Video Ordinance Package
The Illinois Municipal League is providing updated ordinances for the implementation of Public Act 095-0009 which includes the 2007 Cable and Video Competition Law and Cable and Video Customer Protection Law. There are three ordinances in this package for your use in preparing for the future. Those communities that will have additional cable/video providers that are the holder of state authorization by the Illinois Commerce Commission are those who need to consider these ordinances.
Click here to view / download documents.
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URGENT UPDATES
U.S. Supreme Court Update
Decision in the D.C. v. Heller, the D.C. gun control case, is in.
The U.S. Supreme Court issued its opinion in D.C. v. Heller. The Court, in a 5-4 decision with Justice Scalia writing the majority opinion, held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia and to use that arm for traditionally lawful purposes, such as self-defense within the home. Full-text of the opinion here.
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LITIGATION UPDATE
ANNEXATIONS
In the judicial review of an electoral board's decision in an annexation case, the court had subject-matter jurisdiction despite the fact that the caption of the petition did not name the electoral board or its members as parties. Zack v. Otts, Second District No. 2-07-0228 (April 1, 2008).
ASSET FORFEITURE
The doctrine of due process required that plaintiffs, whose property was seized by police under the Illinois Drug Asset Forfeiture Procedure Act, were entitled to a prompt, postseizure probable cause hearing, even though that Act does not require such a hearing. Smith v. City of Chicago, No. 07-1599 (7th Cir. May 2, 2008).
FREEDOM OF INFORMATION ACT
Under the Freedom of Information Act, the plaintiff was entitled to listen to the originals of audiotapes of a city council meeting. DesPain v. City of Collinsville, Fifth District No. 5-07-0300 (May 9, 2008).
GOVERNMENTAL IMMUNITY
The city was immune from liability for the death and injuries of patrons attempting to flee a disturbance at a nightclub operating in violation of city ordinances. Sections 2-103 and 4-102 of the Tort Immunity Act provide absolute immunity for the failure to enforce a law and the failure to provide adequate police protection and service, respectively, and Section 2 202 of the Act does not constitute an exception to the absolute immunity provisions. Anthony v. City of Chicago, First District No. 1-05-1954 (May 16, 2008).
INSURANCE
The plaintiff insurance company had no duty to defend the Village against a lawsuit by firefighters claiming that the Village had, for decades, intentionally shortchanged their pension fund. The firefighters’ suit alleged intentional conduct rather than a “negligent act, error, or omission” that would be covered by the insurance policy, and the suit was not a claim where the Village was trying to defend a “loss.” St. Paul Fire and Marine Ins. Co. v. Village of Franklin Park, No. 06-2924 (7th Cir. April 23, 2008).
PENSIONS
Due to the plain language of the Pension Code, the widow of a retired police officer is not entitled to receive cost of living increases on the surviving spouse police pension that she was awarded after her husband's death. Village of Roselle v. Roselle Police Pension Board, Second District No. 2-07-0354 (May 19, 2008).
TAXATION
The five-year time limit to apply for a refund under the Property Tax Code applies to overpayments of property taxes. Alvarez v. Pappas, No. 104922 (April 17, 2008).
OTHER LITIGATION UPDATES
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