Administrative Enforcement of Code Violations

Non-home rule municipalities may now enforce administrative orders in the same manner as judicial orders By Katherine Swise Many municipalities prosecute ordinance violations through an administrative procedure in order to avoid the costs associated with court proceedings.  However, until recently, non-home rule municipalities were still required to commence proceedings in circuit court in order to…

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School Districts Must Comply with Zoning

Municipal zoning ordinances govern school district construction on school property By Joshua D. Herman joshua.herman@mhtlaw.com On September 24, 2015, the Illinois Supreme Court held in the case of Gurba v. Community High School Dist. No. 155, 2015 IL 118332, that a school district’s construction and use of school property is subject to municipal zoning ordinances….

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Email Addresses Must Be Posted on Public Body’s Website

If you have a website, a new law requires posting certain trustee, council or board member email addresses By Joshua D. Herman joshua.herman@mhtlaw.com The Illinois Local Records Act was amended by the addition of 50 ILCS 205/20, which became effective January 1, 2015. The amendment requires units of local government and school districts that serve…

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Crucial Rule for Processing Traffic Tickets

Court dismisses ticket because it was not transmitted to circuit clerk within 48-hour deadline By Kateah M. McMasters Supreme Court Rule 552 requires municipal police officers and police departments to transmit traffic citations to the circuit clerk within 48 hours of issuance. In 1989, the Illinois Appellate Court held that this Rule is directory rather…

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Personal Information Obtained From Driver’s Record Must Be Removed From FOIA Responses

Public bodies take note, new case holds newspaper may have violated law by publishing personal information obtained from driving records By Joshua D. Herman joshua.herman@mhtlaw.com Newspapers often pursue legal and administrative remedies against public bodies, alleging failure to properly disclose information in response to a Freedom of Information Act (“FOIA”) request. The tables were turned…

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