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Legal News Affecting Illinois Municipalities February 15, 2017

 IML Legal Bulletin 2017-02

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Register for IML’s Municipal Attorneys Seminar
IML’s 2017 Municipal Attorneys Seminar will be held Friday, March 31 from 9:00 a.m. to 4:30 p.m. at the DoubleTree Hotel in Bloomington. A $175 registration fee includes breakfast, lunch and a copy of IML’s Sunshine Laws manual as well as 6.25 hours of MCLE. Topics covered include Land Use Exactions & Takings; Mandatory Topics of Bargaining; Appellate Practice; Professional Responsibility/Ethics; Sunshine Laws; Employment Law; and Section 1983 & Municipal Liability. Register online at iml.org/seminar.
RSVP for Lobby Day on April 26, 2017
You are invited to attend IML’s Lobby Day on Wednesday, April 26 in Springfield. The Lobby Day briefing will begin at 9 a.m. at the IML office, followed by an opportunity to visit legislators at the Capitol (be sure to make your appointments in advance). A reception will be held at 6:30 p.m. at the Abraham Lincoln Presidential Museum. Additional information, including online registration for both events, is available online at iml.org/lobbyday.
Supreme Court of the United States
Constitutional Law
The Supreme Court addressed an instance where an officer – who arrived late at an ongoing police action and witnessed shots being fired by individuals in a house surrounded by other officers – is justified in shooting and killing an armed occupant of the house without first giving warning. The district court denied qualified immunity and the Court of Appeals for the Tenth Circuit affirmed. The Supreme Court vacated the judgment of the appellate court and remanded. White v. Pauly, No. 16-67 (580 U.S. __ (January 9, 2017).
Federal Circuit Courts
Second Amendment
The Seventh Circuit addressed the City of Chicago’s regulation of shooting ranges, including zoning district and distance requirements, and a provision prohibiting minors from shooting ranges. The restrictions were declared unconstitutional. The district court affirmed and reversed in part and remanded. Ezell v. City of Chicago, Nos. 14-3312 & 14-3322 Cons. (January 18, 2017) N.D. Ill., E. Div.
Illinois Supreme Court
Open Meetings Act
The Illinois Supreme Court affirmed the appellate court, which affirmed the judgment of the circuit court in favor of the Board of Education of Springfield School District 186 (Board), finding that it did not violate the Open Meetings Act (OMA) when approving the superintendent’s separation agreement. The IML filed an amicus curiae brief on behalf of the Board of Education (available here).  The Board of Education of Springfield School District No. 186 v. Attorney General of Illinois, 2017 IL 120343 (January 20, 2017).
Home Rule
The Illinois Supreme Court struck the City of Chicago’s extraterritorial enforcement provisions of its leased vehicle use tax as unconstitutional under the home rule article of the Illinois Constitution. The appellate court was reversed. Hertz v. City of Chicago, 2017 IL 119945, 119960 cons. (January 20, 2017).
Labor & Employment
The Illinois Supreme Court (Court) addressed whether Lopez, a law enforcement official employed by the Village of Bartonville (Bartonville), was precluded from seeking grievance arbitration over his termination from the police department. The trial court granted Bartonville summary judgment, and the appellate court reversed and remanded the case to the trial court. Citing the principle of res judicata, the Court found that Lopez was not entitled to both a final decision before the Board of Fire and Police Commissioners (Board) and an arbitration, and affirmed the ruling from the trial court. Village of Bartonville v. Lopez, 2017 IL 120643 (January 20, 2017).
Illinois Appellate Courts
Government & Liability
The Appellate Court addressed whether the Chicago Park District (Park District) was entitled to summary judgment under the Local Governmental and Governmental Employees Tort Immunity Act (Act) and whether the Act applied to areas such as Chicago’s Lakefront Trail. The trial court granted summary judgment in favor of the Park District, finding it was immune from liability under the Act. The appellate court reversed, finding that the trial court improperly granted summary judgment and that whether or not the Park District’s actions amounted to willful and wanton misconduct was a question of fact. Cohen v. Chicago Park District, 2016 IL App (1st) 152889 (January 11, 2017).