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Legal Bulletin - July 27, 2010Legal News Affecting Illinois Municipalities
This is IML Legal Bulletin 2010-14. Any Court or Attorney General opinions link to the full summary on our website, and each full summary on the website links to the full-text of the opinion, where available. Please be sure to visit our website for other legal updates.
Save the Date - IML Annual Conference
The Attorneys' Session at the IML Annual Conference is Thursday, September 23, 2010, at the Hilton Chicago Hotel. This year, the IML is offering a dual track at the Session with two choices each hour to assist you in attending the sessions that are most relevant for your practice.
The Session topics include:
- Prevailing Wage Requirements and Enforcement
- Local Firearm Regulations and the U.S. Constitution
- Ricci v. DeStefano, Lewis v. Chicago, and Other Issues with Hiring and Promoting Public Employees
- Disability Pensions and the Public Safety Employee Benefits Act
- Solutions for Dealing with Foreclosures and Abandoned Property
- Issues with the Freedom of Information Act
- Construction Contracts in a Tough Economy
- Recent Developments in the Law of Qualified Immunity
- Issues in Public Labor and Employment
- Updates in Municipal Case Law and Legislation
- Changes to the Rules of Professional Conduct
- Professionalism in Negotiations
The IML will apply for MCLE credit. We anticipate a total of 4.75 total hours of credit, with one hour of professional responsibility.
Information concerning the 97th IML Annual Conference is on our website. Please click here for this information.
We hope to see you there!
IMLA's Annual Conference
For attorneys seeking more MCLE credit, the International Municipal Lawyers Association's Annual Conference is being held in New Orleans, October 10 - 13, 2010. Click here for more information.
Recent Opinions
Click here for a printable version of all the opinion summaries.
ADA - FMLA: The city did not violate the ADA or the FMLA when it terminated plaintiff's employment because she failed to prove that she was "disabled," and the city did not interfere with her FMLA leave or retaliate against her for taking FMLA leave. Wisbey v. City of Lincoln
FIRST AMENDMENT: A political promoter had standing to sue the village under the First Amendment to challenge an ordinance that would require him to pay for the special services the village would provide for his fund-raising events, but his case was not ripe for adjudication because the ordinance had not yet been enforced upon him. Brandt v. Village of Winnetka
FIRST AMENDMENT - SIGNAGE: The city's denial of the plaintiff's applications to change its signs did not violate the First Amendment or the Equal Protection Clause, because the city properly used a "context-sensitive" analysis, and the plaintiff was not similarly situated with the entities that it claimed were treated differently. Melrose, Inc. v. City of Pittsburg
GOVERNMENTAL IMMUNITY: The Illinois Supreme Court upholds the CTA's immunity for plaintiff's injuries under the "natural-accumulation" rule. Krywin v. CTA
GUN CONTROL: The language in Heller did not make the federal law prohibiting those with misdemeanor offenses for domestic violence from possessing firearms unconstitutional. U.S. v. Skoien
MUNICIPAL LIABILITY: A city's motion to dismiss plaintiffs privacy claims after her stop and arrest was broadcast on a reality show was partially granted. The plaintiff sufficiently pled claims for the invasion of privacy by publication and for the intentional infliction of emotional distress, but she did not have a private right of action against the city under the Personal Information Protection Act and the Consumer Fraud and Deceptive Business Practice Act. Best v. Malec
PENSIONS: The board's decision denying a police officer a disability pension was confirmed because the officer had a fair and impartial hearing, and the evidence supported the board's decision. Kramarski v. Board of Trustees
PUBLIC EMPLOYMENT - DISCRIMINATION: A nursing home's racial preference policy violated Title VII because it created a hostile work environment. And, the nursing home was not entitled to summary judgment on the plaintiff's discriminatory discharge claim because issues of fact remained as to whether race motivated the discharge. Chaney v. Plainfield Healthcare Center
RLUIPA - FIRST AMENDMENT: The town did not violate plaintiff's rights under the RLUIPA or the First Amendment when it refused to allow his property to be used as a church within a mixed-use zone. There was no substantial burden on religious exercise because religious land uses were not prohibited throughout the town. The town did not violate the equal terms provision because the plaintiff was not a religious assembly or institution. The Establishment Clause did not prohibit towns from making land use decisions. Dixon v. Town of Coats
TAXATION - SPECIAL SERVICE AREAS: The village's establishment of a special service area to create a wastewater treatment system and facility was upheld because objectors failed to acquire the proper number of signatures from electors to veto it. Peeples v. Village of Johnsburg
TORT IMMUNITY: The Recreational Use Act provided immunity to a recreational association for the injuries a spectator to a youth baseball game suffered when she was hit by a ball. Vaughn v. Barton
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