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RECENT MUNICIPAL CASE LAW
By BETH ANNE JANICKI, Staff Attorney, Illinois Municipal League
The following is an overview of selected decisions of the Illinois
Supreme Court, the Illinois Appellate Courts and Federal Courts
rendered in 1991. The citations have been added for your
convenience. These cases have been condensed and before
any action is taken should be reviewed.
These cases have been selected as having significant impact upon
municipalities, municipal attorneys and public officials. Please contact
the League Legal Section at 217/525-1220 if you have any questions.
I. ILLINOIS DECISIONS
A. ILLINOIS SUPREME COURT
ANNEXATION
In re Petition to Annex Certain Territory To The Village of North
Barrington, __ Ill. 2d __, __ N.E. 2d __, __ Ill. Dec. __
(Ill. Supreme Court Docket No. 71161, (September 26, 1991)).
Petitioners sought annexation of an irregularly shaped parcel pursuant to Section 7-1-2 of the Municipal Code. Objections were filed
pursuant to Section 7-1-3(4). The Trial Court granted the objections
and the Appellate Court affirmed. The Appellate Court formulated
an "appendage" rule: that when a petition includes an appendage of
land extending from the body of land to be annexed, the majority of
landowners in the appendage decide if the land will be annexed. The
Supreme Court reversed and remanded finding that the land of a
perimeter objector could not be excluded if it would destroy contiguity. The Court found no support for the Appellate Court's appendage rule.
In re Petition to Annex Certain Real Estate To The City ofJoliet, __Ill. 2d __, __
N.E. 2d __, __ Ill. Dec. __
(Ill. Supreme Court Docket No. 70625, (September 19, 1991)).
Six petitioners, co-owners of a single tract of land, filed a Section
7-1-2 annexation petition. The petitioners contended that they constituted
"a majority of the owners of record of all the lands" to be
annexed. The Supreme Court looked to the circumstances surrounding
conveyances accomplished immediately prior to the filing of the
annexation petition. In this case, the property was maintained in a
land trust until the day of the filing of the annexation petition when
the three beneficiaries caused the trustee to convey the land to themselves and their wives. The Supreme Court affirmed the judgment of
the Appellate Court and held that petitioners were disqualified from
signing the petition.
ENVIRONMENTAL CONTROL
People v. Fiorini, __ Ill. 2d __, ___N.E.2d___, ___ Ill. Dec.
(Ill. Supreme Court Docket Nos. 69756 and 69760).
These cases were consolidated with the case People v. Brockman
(Docket Nos. 69932 and 69951). The Court defined the conditions
under which landowners charged with violating the Illinois Environmental
Protection Act can bring a third party action for contribution
against the producers of the pollution.
In both cases, the defendants brought actions for contribution
against the producers of the dumped waste. The Court approved the
bringing of actions against third parties for contribution to the damages imposed.
FLOOD CONTROL LEGISLATION
Beverly Bank v. The Illinois Department of Transportation,____Ill.
2d __, __ N.E. 2d __, __ Ill. Dec. __
(Ill. Supreme Court Docket No. 70105, (September 19, 1991)).
This case involved the denial by IDOT of an extension of a
construction permit based upon the recently enacted flood control
legislation which prohibits new residential construction in the 100
year floodway in the area served by the Northeastern Illinois Planning
Commission. The Supreme Court held that the General Assembly
has the authority, under its police power, to prohibit all new
residential construction in the 100 year flood plain as it bears a
substantial relationship to the public health, safety and welfare and is
rationally related to several legitimate State interests.
NEGLIGENCE
Marshall v. City of Centralia, 143 Ill. 2d 1, __ N.E. 2d __, __Ill.
Dec. __
The Plaintiff's son stepped into an open sewer manhole on a
parkway owned by the defendant city. The Court held that the city
was not entitled to summary judgment as the city had a duty to
maintain the parkway strip between the street and sidewalk in a
reasonably safe condition for pedestrians, who can be characterized
as intended users.
PUBLIC OFFICIALS
Croissant v. Joliet Park District, 141 Ill. 2d 449,566 N.E. 2d 239,152
Ill. Dec. 561.
A park district commissioner owned an aviation business that was
a tenant of the park district airport. The Court found no violation of
the Corrupt Practices Act, as the Plaintiffs failed to show that the
Defendant stood to benefit, directly or indirectly, from the challenged conduct.
People v. Scharlau, 141 Ill. 2d 180,565 N.E. 2d 1319,152 Ill. Dec. 401
(1991).
Defendants were convicted of official misconduct and violating
the Corrupt Practices Act in circuit court after the entrance of a
consent decree for a prior law suit under the Voting Rights Act of
1965. The settlement provided for, among other things, a transition
period where each Defendant would become a paid "department
head". The Appellate Court reversed and found that the conflict of
interest statutes did not apply, as they are not violated by negotiating
a settlement which includes an incidental personal benefit. The Supreme
Court reversed finding that there was a violation of the conflict
of interest provision as the consent decree constituted a contract
and the Defendants had a duty to refrain from using their positions
tor personal gain.
Fellhauer v. City of Geneva, 142 Ill. 2d 495,568 N.E. 2d 870,154 Ill.
Dec. 649 (1991).
The former appointed director of the City Electric department
sued the Mayor for civil rights violations and retaliatory discharge.
The plaintiff contended that certain actions that the Mayor wanted
him to take violated the official misconduct statute. The Mayor
discharged the plaintiff pursuant to Section 3-11-1 of the Municipal
Code. This was affirmed by the City Council. Fellhauer then filed
suit against the City and the Mayor, individually, for retaliatory
discharge. The trial court dismissed the complaint against the Mayor
for failure to state a cause of action. The Appellate Court reversed.
The Supreme Court affirmed the trial court's dismissal finding that:
(1) Fellhauer failed to state a cause of action; (2) Fellhauer could not
maintain an action against the Mayor for tortious interference with
contractual relations; and (3) that Fellhauer had a "policy-making"
position and therefore could not maintain a civil rights suit against the
Mayor. In Palmateer v. International Harvester Co., 85 Ill. 2d 124, the
Supreme Court held that an employee must show that he was dismissed
in retaliation for his acts and that the dismissal was in
contravention of public policy. The Court found that this public policy
component was absent. The Plaintiff cited the official misconduct
statute as evidence of public policy. The Court held that the Plaintiff
must also demonstrate that public policy mandated by the cited
provision was violated by the discharge. The Court held that an
action for retaliatory discharge can be maintained only if there is a
clear statement of the allegedly violated public policy and a provable
allegation concerning how the public policy was violated by the
discharge.
WORKERS' COMPENSATION
Thomas R. Brady v. Louis Ruffolo and Sons Construction Company,
__ Ill. 2d __, __ N.E. 2d __, __ Ill. Dec. __.
(Ill. Supreme Court Docket No. 69675, (May 20, 1991)).
November 1991 / Illinois Municipal Review / Page 21
The Plaintiff was injured when a truck crashed into the building
where he was employed by the respondent. An arbitrator denied his
worker's compensation claim, stating his injuries did not "arise out of"
his employment. The Industrial Commission affirmed, as did the
Circuit Court and the Appellate Court. The Supreme Court affirmed,
holding that a causal relationship must be shown between the employee's
injury and employment.
B. APPELLATE COURT DECISIONS
ADMINISTRATIVE LAW
Wilson v. Board of Fire & Police Commissioners of City of Markham,
205 Ill. App. 3d 984,563 N.E. 2d 941,150 Ill. Dec. 824 (1st Dist.
1990).
Two police officers were found guilty of violating department
rules, but the case was remanded to the board because of the gross
disparity in the sanctions imposed.
Coleman v. O'Grady, 207 Ill. App. 3d 43,565 N.E. 2d 253,152 Ill. Dec.
11 (1st Dist. 1990).
Complaint for administrative review of termination barred by
laches where 15 month delay was prejudicial to the defendant sheriff,
even though he did not hire a replacement.
Peoria Police Sergeants v. City of Peoria Board of Fire & Police
Commissioners, 215 Ill. App. 3d 278, __ N.E. 2d __, __ Ill. Dec.
(3rd Dist. 1991).
Promotion process did not satisfy requirements of Illinois
Municipal Code.
APPROPRIATIONS
Westly v. Picur, 205 Ill. App. 3d 270, 562 N.E. 2d 1025, 150 Ill. Dec.
222 (1st Dist. 1990).
Municipal Code does not require city council approval for
transfer of line item appropriations within the same corporate object
or purpose.
BONDS
Kinzer v. Fidelity & Deposit Co. of Maryland, 213 Ill. App. 3d 606,
__N.E.2d__,__Ill. Dec.__(1st Dist. 1991).
Obligor under public employee blanket bond imposing liability
for comptroller's failure to account for monies received was not
released from liability because of city comptroller's immunity from
liability for unauthorized expenditures.
DRAINAGE
Jackson v. Village of Caseyville, 214 Ill. App. 3d 1058, __ N.E. 2d
__, __ Ill. Dec. __ (5th Dist. 1990).
Trial court erred in awarding plaintiff mortgage interest in suit
against village for damages to his land caused by village drainage
system.
ELECTIONS
Koerner v. Municipal Officers Electoral Board of Coal City, 205 Ill.
App. 3d 54, 562 N.E. 2d 1107, 150 Ill. Dec. 204 (3rd Dist. 1990).
The Court found invalid a referendum petition and election
changing the village's form of government when the village failed to
meet the population requisites for trustee-districts contained in Sections
3-5-5 and 3-5-6 of the Municipal Code. The Court held that the
constitutional authority contained in Article VII giving non-home-rule units the power to alter their form of government does not
include changing or disregarding statutory population mandates.
Bolger v. Electoral Board of City of McHenry, 210 Ill. App. 3d 958,
569 N.E. 2d 628, 155 Ill. Dec. 447 (2nd Dist. 1991).
Plaintiff's nomination papers for office of alderman invalidated as
plaintiff failed to file with the city the receipt he received when he
filed his statement of economic interest with the county.
Marszalik v. Kelenson, 212 Ill. App. 3d 836, __ N.E. 2d __, __
Ill. Dec. __ (1st Dist. 1991).
No intent to defraud electoral board when candidate placed
maiden name on ballot.
Welch v. Johnson, 214 Ill. App. 3d 478, __ N.E. 2d __, __ Ill.
Dec.__(1st Dist. 1991).
Mayoral candidate disqualified for failing to comply with Election
Code and Governmental Ethics Act by inadvertently omitting
government employment from statement of economic interests.
ENVIRONMENTAL CONTROL
McLean County Disposal, Inc. v. County of McLean, 207 Ill. App.3d
477, 566 N.E. 2d 26. 152, Ill. Dec. 498 (4th Dist. 1991).
Denial of regional landfill siting permit by county board was
affirmed under standard of manifest weight of the evidence, not-withstanding
conflicting expert testimony on statutory criteria of
health, safety and traffic flow.
Village of Sauget v. Pollution Control Board, 207 Ill. App. 3d 974,566
N.E. 2d 724, 152 Ill. Dec. 847 (5th Dist. 1991).
Denial of procedural safeguards at agency level were not cured at
Pollution Control Board hearing, thus applicant was precluded from
participating in permit process. Permit conditions vacated and new
draft permit ordered.
Hyon Waste Management Service, Inc. v. City of Chicago, 214 Ill.
App. 3d 757, __ N.E. 2d __, __ Ill. Dec. __ (1st Dist. 1991)
Plaintiff could not maintain a claim based on procedural due
process when city denied a permit and sealed their incinerator as
Plaintiff had no protected property interest in operating its incinerator.
Citizens Utilities Co. of Illinois v. Pollution Control Board, 216 Ill.
App. 3d 629, __ N.E. 2d __, __ Ill. Dec. __ (3rd Dist. 1991)
Company was entitled to have case remanded for further proceedings
before Board where Board failed to make required
determination regarding economic impact of proposed regulatory change.
City of Chicago v. Piotrowski, 215 Ill. App. 3d 829, __ N.E. 2d __,
__Ill. Dec. __ (1st Dist. 1991).
Injunction against operation of landfill was proper when
grounded on violation of city ordinance even though Defendant was
not given a hearing on conduct.
FREEDOM OF INFORMATION
Quinn v. Stone, 211 Ill. App. 3d 809,570 N.E. 2d 676,156 Ill. Dec. 200
(1st Dist. 1991).
Plaintiff sought to compel production of defendant alderman's
monthly travel allowance records. Court held individual alderman
was not a "public body" under the Freedom of Information Act, and
proper recipient of request was mayor and city council.
LICENSES
Armond v. Sawyer, 205 Ill. App. 3d 936,563 N.E. 2d 900,150 Ill. Dec.
773 (1st Dist. 1990).
Revocation of liquor license proper even after city had wrongfully
renewed it for 12 years. Plaintiff knew tavern was in package-only district and doctrine of estoppel does not apply to unauthorized
renewals.
County of Cook v. Kontos, 206 Ill. App. 3d 1085,565 N.E. 2d 249,152
Ill. Dec. 7 (1st Dist. 1990).
When village amended its liquor ordinance to reduce operating
hours, it did not violate an agreed order granting longer hours because
under the Liquor Control Act village had authority to regulate
tavern hours and its judgment was not open to dispute as long as it was
not so arbitrary as to deny due process.
Wilde-Hammar, Inc. v. Connor, 216 Ill. App. 3d 660, __ N.E. 2d
__, __ Ill. Dec __ (3rd Dist. 1991).
Liquor commissioner's decision revoking plaintiff's liquor license
was supported by substantial evidence, where violating aggravated
battery and criminal sexual abuse statutes was sufficient basis for
revocation as relating to control of liquor.
Boonstra v. City of Chicago, 214 Ill. App. 3d 379, __ N.E. 2d __,
__ Ill. Dec __ (1st Dist. 1991).
City ordinance which precluded assigning taxi cab license was
unconstitutional as taxi cab license was constitutionally protected
property interest.
McCauley v. City of Rockford, 207 Ill. App. 3d 244, 565 N.E. 2d 729,
152 Ill. Dec. 196 (2nd Dist. 1990).
Page 22 / Illinois Municipal Review / November 1991
City ordinance that mandated registered supervisory electrician
for electrical installation work was unenforceable against contractor
registered in sister city, as mandate contravened authority under
Section 11-33-1 of the Municipal Code.
MUNICIPAL CORPORATIONS
G.J.Z. Enterprise v. City of Troy, 208 Ill. App. 3d 21,566 N.E. 2d 876,
153 Ill. Dec. 20 (5th Dist. 1991).
City building inspector's conduct in issuing permit was an inducement
to Plaintiff and City was properly enjoined from enforcing
a stop-work order and revoking its building permit.
Village of Maywood v. Barrett, 211 Ill. App. 3d 775, 570 N.E. 2d 645,
156 Ill. Dec. 169 (1st Dist. 1991).
Continuance denied on village's petition for demolition or repair
of structure. Owners failed to file written motion and made no
showing of diligence or sufficient excuse for delay in presenting
request.
Press v. Code Enforcement Board of Appeals of City of Champaign,
213 Ill. App. 3d 307, __ N.E. 2d __, __ Ill. Dec. __ (4th Dist.
1991).
Board's interpretation of "rooming house" erroneous as fire safety
codes definition required that rooms be rented out separately, and
entire house leased to 12 persons.
OPEN MEETINGS ACT
People ex. rel. Ryan v. Village of Villa Park, 212 Ill. App. 3d 187,
___ N.E. 2d __, __ Ill. Dec. __ (2nd Dist. 1991).
Acquisition of real property exception construed to apply only to
formulation and terms for acquiring or purchasing specific real
estate.
ORDINANCES
City of Elgin v. Hawthorne, 204 Ill. App. 3d 807, 562 N.E. 2d 670,150
Ill. Dec. 140 (2nd Dist. 1990).
Revocation of conditional discharge imposed on defendant pending
compliance with property maintenance ordinance was proper
when circuit court found that defendant willfully refused to comply
and that the record on appeal was not sufficient to support the
defendant's contention that he was financially unable to comply.
Lake County Forest Preserve District v. Northern Trust Bank/Lake
Forest N.A., 207 Ill. App. 3d 290, 565 N.E. 2d 715, 152 Ill. Dec. 191
(2nd Dist. 1990).
Failure of board members to vote on proposed condemnation
ordinances operated as concurrence with the majority pursuant to
enabling statute requiring concurrence of majority of board
members for passage. Ordinance was validly passed.
Fischer v. Brombolich, 207 Ill. App. 3d 1053,566 N.E. 2d 785,152 Ill.
Dec. 908 (5th Dist. 1991).
Affirmed issuance of preliminary injunction against enforcement
of ordinance realigning sub-departments of non-home-rule municipality
operating under modified commission form.
City of Aurora v. Navar, 210 Ill. App. 3d 126,568 N.E. 2d 978,154 Ill.
Dec. 757 (2nd Dist. 1991).
Noise ordinance prohibiting commercial activity which was "audible"
from "adjacent premises" was unconstitutionally vague, for
failure to provide notice as to what kind of noise was actionable.
Village of Beckmeyer v. Wheelan, 212 Ill. App. 3d 287, __ N.E. 2d
__, __ Ill. Dec. __ (5th Dist. 1991).
Ordinance prohibiting accumulation of various types of debris or
nonfunctional equipment on private or public property was upheld
as valid exercise of village's police power.
City of Wheaton v. Sandberg, 215 Ill. App. 3d 220, __N.E. 2d __,
__Ill. Dec. __ (2nd Dist. 1991).
City redevelopment ordinance unconstitutional where language
pertaining to vacancies in part or all of building was vague as owner
could not be certain whether property would be condemned.
PENSIONS
Roche v. County of Lake, 205 Ill. App. 3d 102, 562 N.E. 2d 1210,150
Ill. Dec. 440 (2nd Dist. 1990).
Court held that the plaintiffs could participate in the Sheriff's
pension plan from the time they were employed full-time and sworn
as deputies.
Swiatek v. Bensenville Police Pension Board, 205 Ill. App. 3d 85, 562
N.E. 2d 1270, 150 Ill. Dec. 467 (2nd Dist. 1990).
Reversal of police pension board's denial of disability pension was
proper where plaintiff properly applied for disability pension benefits
based on a clearly demonstrated disability prior to conditionally
resigning as a police officer.
Board of Trustees of Police Pension Fund of Village of Winthrop
Harbor v. Department of Insurance, 210 Ill. App. 3d 949, 569 N .E. 2d
613, 155 Ill. Dec. 432 (2nd Dist. 1991).
If police pension fund did not exist at the time the village attained
the population which mandates the creation of a fund, employee
contributions to the fund need not be computed from date when
village reached requisite population.
Jagielnik v. Board of Trustees of Police Pension Fund of Village of
Mundelein, 211 Ill. App. 3d 26, 569 N.E. 2d 1293,155 Ill. Dec. 682 (2nd
Dist. 1991).
Application for off-duty disability pension arising from incident
wherein officer suffered mental disability as a result of charges he
committed battery was interim order of pension board not subject to
judicial review.
Board of Trustees of Village of Barrington Police Pension Fund V.
Department of Insurance, 211 Ill. App. 3d 698, 570 N.E. 2d 622,156
Ill. Dec. 146 (5th Dist. 1991).
Remanded to trial court to determine prudence of police pension
fund program where fund members obtained below-market-rate of
interest mortgages through banks.
Nash v. Retirement Board of Policeman's Annuity & Benefit Fund,
211 Ill. App. 3d 1021, 570 N.E. 2d 848,156 Ill. Dec. 372 (1st Dist. 1991).
Wife not entitled to benefits as Pension Code only applies to
widows and does not provide accelerated benefits if husband convicted
of a service-related felony.
Fosco v. Illinois Municipal Retirement Fund, 213 Ill. App. 3d 842,
__ N.E. 2d __, __ Ill. Dec. __ (3rd Dist. 1991).
Surviving spouse's annuity payable only to spouse who was married
to annuitant for at least one year prior to the date of termination
of service.
Caauwe v. Police Pension Board of Village of Midlothian, 216 Ill.
App. 3d 313, __ N.E. 2d __, __ Ill. Dec. __ (1st Dist. 1991).
Upon proof that applicant's disabling back condition was not
related to his police duties, denial of line-of-duty disability pension
was not against manifest weight of evidence.
PREVAILING WAGE ACT
Opportunity Center of Southeastern Illinois, Inc. v. Bernardi, 204 Ill.
App. 3d 945, 562 N.E. 2d 1053, 150 Ill. Dec. 250 (5th Dist. 1990).
The Appellate Court held that the Prevailing Wage Act applied to
a remodeling project undertaken by a private, non-profit corporation
that provided programs for the disabled. The Court stated that this
corporation was a "public body" under the Act because it received
half of its funding from public funds and the project was a "fixed
work" being paid for by public funds.
PUBLIC OFFICIALS/EMPLOYEES
North v. DeWitt County Sheriff's Merit Commission, 204 Ill. App. 3d
881, 562 N.E. 2d 365, 149 Ill. Dec. 901 (4th Dist. 1990).
The Fourth District affirmed the discharge of a sheriff's police
officer for remarks made on-duty that disparaged fellow officers and
superiors. Commission's findings of departmental rule violations
were not against the manifest weight of the evidence and finding
cause for discharge was not arbitrary, unreasonable or unrelated to
needs of service.
International Association of Firefighters Local No. 23 v. City of East
St. Louis, 206 Ill. App. 3d 580, 565 N.E. 2d 264, 152 Ill. Dec. 22 (5th
Dist. 1990).
Trial Court abused its discreation in issuing a preliminary injunction
against layoff of city firefighters as union failed to show irreparable
harm warranting an exception to Illinois Anti-Injunction Act.
November 1991 / Illinois Municipal Review / Page 23
Dudycz v. City of Chicago, 206 Ill. App. 3d 128,563 N.E. 2d 1122,151
Ill. Dec. 16 (1st Dist. 1990).
Chicago police officer who voluntarily resigned because of leave
of absence requirement for officers serving in legislature failed to
sustain claims of unconstitutionality, retaliatory discharge and statutory violation under city's personnel code superseding Illinois Municipal Code.
Young v. Board of Fire & Police Commissioners of Village of Mount
Prospect, 207 Ill. App. 3d 652, 566 N.E. 2d 331,152 Ill. Dec. 644 (1st
Dist. 1990).
Board of Fire and Police Commissioners properly denied evidentiary hearing challenging promotional process which found Plaintiff
ineligible for promotion of Plaintiff to rank of fire lieutenant.
Wagner v. Board of Trustees of Police Pension Fund of Belleville,
208 Ill. App. 3d 25, 566 N.E. 2d 870, 153 Ill. Dec. 20 (5th Dist. 1991).
Finding that officer's disability was not duty related was contrary
to the manifest weight of the evidence. He injured knee while discharging duties and three physicians found causal connection between injury and disability.
Lindahl v. City of DesPlaines, 210 Ill. App. 3d 281, 568 N.E. 2d 1306,
154 Ill. Dec. 857 (1st Dist. 1991).
Employee's action for overtime pay was properly dismissed
where supervisor's representations were not acts of the city and no
express appropriation existed.
Semerau v. Village of Schiller Park, 210 Ill. App. 3d 493, 569 N.E. 2d
183, 155 Ill. Dec. 183 (1st Dist. 1991).
When village personnel policy manual did not create a contractual
right to termination for cause and manual disclaimed the creation of
an employment contract, employment of plaintiff was terminable at
will.
Champaign Police Benevolent & Protective Association Unit No. 7 v.
City of Champaign, 210 Ill. App. 3d 797,569 N.E. 2d 275,155 Ill. Dec.
275 (4th Dist. 1991).
Propriety of city manager's predisciplinary discussion with police
chief was held to be arbitrable on disciplined officer's complaint
under collective bargaining agreement providing for arbitration of
disputes regarding meaning interpretation and application of express
grievance provisions.
McHenry v. City of East St. Louis, 210 Ill. App. 3d 861, 569 N.E. 2d
259,155 Ill. App. 259 (5th Dist. 1991).
Disciplinary board's finding that police officer lived with juvenile
runaway not against the manifest weight of the evidence. Delay in
discharge hearing did not violate officer's due process rights.
Zrentara v. Long Creek Township, 211 Ill. App. 3d 226, 569 N.E. 2d
1299, 155 Ill Dec. 688 (4th Dist. 1991).
Plaintiff alleged retaliatory discharge when dismissed from Defendant's water department after raising an issue with the department's operation. Verdict proper for Defendants as Plaintiff failed to
establish public policy protecting his activities and evidence showed
his motivation was personal.
Local No. 193 International Brotherhood of Electrical Workers v.
City of Springfield, 211 Ill. App. 3d 166, 569 N.E. 2d 1217, 155 Ill. Dec.
606 (4th Dist. 1991).
It was an error for the trial court to enjoin the city from using civil
service commission rules when labor agreement had no provision
regarding employee discipline.
Brzana v. Martin, 211 Ill. App. 3d 415, 411 N.E. 2d 411, 155 Ill. Dec.
898 (1st Dist. 1991).
Personnel Board determined 1985 urinalysis results did not warrant disqualification. In 1988 superintendent was terminated based
on the 1985 urinalysis. Court held superintendent could not disregard
board's decision.
Gunia v. Cook Co. Sheriffs Merit Board, 211 Ill. App. 3d 761, 570
N.E. 2d 653, 156 Ill. Dec. 177 (1st Dist. 1991).
County corrections officer's discharge for unexcused absences
affirmed.
Launius v. Board of Fire & Police Commissioners of City of DesPlaines, 211 Ill. App. 3d 545, 570 N.E. 2d 532,156 Ill. Dec. 177 (1st
Dist. 1991).
Officer's leaving post during flood to help his family did not
warrant discharge.
Przislicki v. City of Chicago, 212 Ill. App. 3d 661, __ N.E. 2d __,
__ Ill. Dec. __ (1st Dist. 1991).
Bridgetender's dismissal for reporting to work under the influence
of alcohol was proper notwithstanding the contention that there was
no showing of impairment.
Bindell v. City of Harvey, 212 Ill. App. 3d 1042, __ N.E. 2d __,
__ Ill. Dec. __ (1st Dist. 1991).
Prior civil service commission decision did not negate officer's
right to have subsequent disciplinary proceeding for drug use decided through arbitration pursuant to collective bargaining agreement.
Campbell v. Cook County Sheriffs Merit Board, 215 Ill. App. 3d 868,
__ N.E. 2d __, __ Ill. Dec. __ (1st Dist. 1991).
Lack of formal notice of hearing which resulted in default order
discharging deputy sheriff did not violate due process. Deputy had
actual notice of hearing date. His failure to appear could only be
attributed to his own inaction.
Kren v. Civil Service Comm'n of City of Springfield, 215 Ill. App. 3d
642, __ N.E. 2d __, __ Ill. Dec. __ (4th Dist. 1991).
After failing civil service examination and receiving placement
results, fire chief candidate who filed timely objections was entitled
to administrative hearing on contentions of unfairness and examiner's
incorrect determination of appropriate examination answers.
Griggs v. North Maine Fire Protection Board of Fire Commissioners,
215 Ill. App. 3d 380, __ N.E. 2d __, __ Ill. Dec. __ (1st Dist.
1991).
Decision to discharge plaintiff firefighter for misconduct not
against manifest weight of evidence. Plaintiff was intoxicated while
on duty, made anti-semitic remarks, and made derogatory comments
constituting insubordination.
PUBLIC UTILITIES
Shortino v. Illinois Bell Telephone Co., 207 Ill. App. 3d 52, 565 N.E.
2d 170, 151 Ill. Dec. 899 (1st Dist. 1990).
Policy of "spreading" expense of municipal pay phone message
tax to monthly billed customers was unjust, unreasonable, discriminatory, and contrary to the mandates of the Public Utilities Act.
People ex. rel. Hartigan v. Illinois Commerce Commission, 214 Ill.
App. 3d 222,__N.E.2d__,__Ill. Dec.__(3rd Dist. 1991).
Commerce Commission's adoption of utility's actual capital structure proper rather than structure proposed by utility in ruling on
utility's request for rate increase.
City of Champaign v. Illinois Commerce Commission, 209 Ill. App.
3d 1070, 568 N.E. 2d 438, 154 Ill. Dec. 531 (4th Dist. 1991).
Commerce Commission's order that water utility's recapture of
municipal franchise fees be limited to line-itemized charges in bills of
municipal customers, absent benefit to non-resident customers, was
not unreasonable or against the manifest weight of the evidence.
American Telephone & Telegraph Co. v. Village of Arlington
Heights, 216 Ill. App. 3d 474, __ N.E. 2d __, __ Ill. Dec. __
(1st Dist. 1991).
Page 24 / Illinois Municipal Review / November 1991
Cities did not have absolute right to require franchise agreement
before allowing telephone company to use streets for expansion of
fiber optic telecommunications system. A petition for leave to appeal
before the Illinois Supreme Court was granted on October 3, 1991.
Village of Glenview v. Northfield Woods Water & Utility Co., 216 Ill.
App. 3d 40, __ N.E. 2d ___ __ Ill. Dec. __ (1st Dist. 1991).
In action seeking determination of whether village owed connection fee with regard to proposed water transmission main under
contract by which it purchased water system from defendant, the
court found no fee was due and that proposed main was not "extension" of defendant's system.
TAXES
National Pride of Chicago, Inc. v. City of Chicago, 206 Ill. App. 3d
1090, 565 N.E. 2d 563, 150 Ill. Dec. 33 (1st Dist. 1990).
Department of Revenue ruling which interpreted city transaction
tax ordinance to include coin operated, self-service car wash resulted
in disparate treatment between plaintiff and its competitors and
violated the intent of the ordinance and constitutional uniformity
requirements.
City of Chicago v. Department of Revenue, 210 Ill. App. 3d 273, 569
N.E. 2d 65, 155 Ill. Dec. 65 (1st Dist. 1991).
City was statutorily entitled to tax exemption for buildings owned
by it, but was not exempt for use of underlying land owned by a
private owner.
City of Carbondale v. City of Marion, 210 Ill. App. 3d 870, 569 N.E.
2d 290, 155 Ill. Dec. 290 (5th Dist. 1991).
Because potential lost sales and real estate tax revenues are speculative, remote and indistinct, plaintiff had no standing to challenge
defendants use of tax subsidies for development of shopping mall.
TORT IMMUNITY/NEGLIGENCE
American Ambassador Casualty Co. v. City of Chicago, 205 Ill. App.
3d 879, 563 N.E. 2d 882, 150 Ill. Dec. 755 (1st Dist. 1990).
Local Governmental and Governmental Employees Tort Immunity Act does not apply to suits for breach of contract or failure to
return bailed property.
Gleason v. Village of Peoria Heights, 207 Ill. App. 3d 185, 565 N.E. 2d
682, 152 Ill. Dec. 149 (3rd Dist. 1990).
Village immune from liability for alleged negligence of village
paramedics for authorized acts under Emergency Medical Systems
Services Act.
Coultas v. City of Winchester, 208 Ill. App. 3d 238, 566 N.E. 2d 992,
153 Ill. Dec. 142 (4th Dist. 1991).
As a matter of law, city was not chargeable with constructive
notice of defect in sidewalk ramp and therefore not liable for injuries
sustained by a pedestrian in a fall less than 24 hours after construction
by independent contractor.
Prokes v. City of Chicago, 208 Ill. App. 3d 748, 567 N.E. 2d 592, 153
Ill. Dec. 634 (1st Dist. 1991).
City owed no duty to adult injured when dismounting bicycle on
city sidewalk. Ordinance limited use of bicycles on sidewalks to those
under 12 years of age. Adult not "intended and permitted" user for
purpose of Tort Immunity Act.
Smith v. Northeast Illinois Regional Commuter R.R. Corp., 210 Ill.
App. 3d 223, 569 N.E. 2d 41, 155 Ill. Dec. 41 (1st Dist. 1991).
METRA was a local governmental entity under the Tort Immunity Act and was not liable in action arising from collision between
deceased's car and METRA train.
Ramirez v. City of Chicago, 212 Ill. App. 3d 751, __N.E. 2d__,
__ Ill. Dec. __ (1st Dist. 1991).
No duty owed by city to individual injured while cleaning curb
gratuitously.
Foremann v. Consolidated Rail Corp., 214 Ill. App. 3d 700, __ N.E.
2d__,__Ill. Dec.__(1st Dist. 1991).
City owed no duty to minor injured while trying to board moving
train after crossing onto railroad tracks from unfenced city lot.
Illinois Bell Telephone Co. v. City of Highland Park, 214 Ill. App. 3d
15, __ N.E. 2d __, __ Ill. Dec. __ (2nd Dist. 1991).
Action for damage to buried cable. Cause remanded to determine
if city acted reasonably in attempting to locate buried cable.
Byrne v. City of Chicago, 215 Ill. App. 3d 698, __ N.E. 2d __, __
Ill. Dec. __ (1st Dist. 1991).
City immune under Tort Immunity Act from claim for loss of
vehicle and contents when city towed car during snowstorm and
subsequently disposed of it.
Fitt v. City of Mattoon, 215 Ill. App. 3d 472, __ N.E. 2d __, __
Ill. Dec. __ (4th Dist. 1991).
Summary judgment in favor of city and county in action concerning fatality at intersection of county road and State highway, proper.
Local authorities had immunity for failure to post warning signs in
parts of county roadway under their jurisdiction.
Kirnbauer v. Cook County Forest Preserve District, 215 Ill. App. 3d
1013, __ N.E. 2d __, __ Ill. Dec. __ (1st Dist. 1991).
Plaintiff's injury resulting from improperly using steel cable barricade was barred under Tort Immunity Act since accident site was
owned by defendant and used for recreational purposes.
ZONING
New Lenox State Bank v. The County of Will, 205 Ill. App. 3d 457,
563 N.E. 2d 505, 150 Ill. Dec. 618 (3rd Dist. 1990).
Upon challenge seeking to use zoned parcel for asphalt plant in
area planned for future residential use. County agricultural zoning
ordinance was upheld on record failing to show clear and convincing
evidence overcoming validity.
Village of Worth v. Hahn, 206 Ill. App. 3d 987, 565 N.E. 2d 166,151 Ill.
Dec. 895 (1st Dist. 1990).
Judgment on pleadings in favor of village for zoning violation
affirmed. Allegations in defendant's answer and counter complaint
constituted an admission obviating any fact issue as to defendant's
violating zoning ordinance.
AD-EX, Inc. v. City of Chicago, 207 Ill. App. 3d 163, 565 N.E. 2d 669,
152 Ill. Dec. 136 (1st Dist. 1990).
Trial court erred in affirming settlement agreement between city
and advertising company which contained zoning variances, as city
had no power to vary zoning ordinance without prior notice and
public hearing.
Drovers Bank of Chicago v. Village of Hinsdale, 208 Ill. App. 3d 147,
566 N.E. 2d 899, 153 Ill. Dec. 55 (2nd Dist. 1991).
Challenge to village's rejection of plaintiff's proposed land development was properly dismissed because plaintiff failed to establish
that the village's decision was ripe for adjudication.
Central Transport, Inc. v. Village of Hillside, 210 Ill. App. 3d 499,568
N.E. 2d 1359, 154 Ill. Dec. 910 (1st Dist. 1991).
Writ of mandamus was proper ordering the village to process
application for permit to expand facility, despite lack of application
for a special use permit when expansion was in accordance with
special use designation by municipal ordinance. Village estopped
from asserting invalidity of ordinance.
Monahan v. Village of Hinsdale, 210 Ill. App. 3d 985, 569 N.E. 2d
1182,155 Ill. Dec. 571 (2nd Dist. 1991).
November 1991 / Illinois Municipal Review / Page 25
Owners sued to enjoin villages enforcement of a side yard requirement. They wanted to enclose a deck on a pre-code house.
Judgment was properly entered for the village as owner's plan would result in increase of pre-code structure's nonconformity.
St. Lucas Association v. City of Chicago, 212 Ill. App. 3d 817, __
N.E. 2d __, __ Ill. Dec. __ (1st Dist. 1991).
City's zoning restrictions prohibiting retail operations unconstitutional as applied to plaintiff, where residential zoning classification
assured nondevelopment and had no relationship to general public
welfare.
Glenview State Bank v. Village of Deerfield, 213 Ill. App. 3d 747,
__ N.E. 2d __, __ Ill. Dec. __ (2nd Dist. 1991).
Village's single-family residential zoning was reasonable where
existing zoning provided for residential development and developers
bought property knowing this.
Mobil Oil Corp. v. City of Rolling Meadows, 214 Ill. App. 3d 718,
__ N.E. 2d _ __, ___ Ill. Dec. __ (1st Dist. 1991).
City's ordinance void as it pertained to plaintiff and city ordered
to issue special use permit to plaintiff for expansion and construction
of car wash.
II. FEDERAL CASES
A. UNITED STATES DISTRICT COURT
MUNICIPAL LIABILITY/CIVIL RIGHTS
Wilbert v. City of Chicago, 768 F. Supp; 253 (N.D. Ill. 1991).
Section 1983 plaintiff failed to include allegations of policy or
custom required to state claim in connection with an arrest. Also, sued
officers in official capacity, rendering claims insufficient.
Jones v. Doria, 767 F. Supp. 1432 (N.D. Ill. 1991).
Plaintiff failed to state procedural due process claim arising out of
his suspension. Plaintiff was provided with the proper pre-deprivation procedure.
Petit v. City of Chicago, F. Supp. (N.D. Ill. 1991).
Police officers Section 1981 and pendent state claims barred by
res judication. Suit raised name claims as a prior action in which some
of the plaintiff's had intervened.
Doe v. Calumet City, Ill., 754 F. Supp. 1211 (N.D. Ill. 1990).
City liable for unconstitutional strip searches on women arrested
for non-felony offenses.
PUBLIC CONTRACTS
Inner City Leasing and Trucking Co., Inc. v. City of Gary, Ind., 759
F. Supp. 461 (N.D. Ind. 1991).
Public contractor not deprived of due process, equal protection
and association rights by city's alleged conduct in terminating the
underlying public contract for partisan political reasons.
Tamalunis v. City of Georgetown, 757 F. Supp. 956 (C.D. Ill. 1991).
Landowners not denied due process when city passed a resolution
to pay a judgment against it for pollution damages in ten annual
installments.
PUBLIC OFFICIALS/EMPLOYEES
Marquez v. Tumock, 765 F. Supp. 1376 (C.D. Ill. 1991).
Public employees statements arising from disagreement with supervisor about office decisions not protected by First Amendment.
ZONING
Alger v. City of Chicago, 748 F. Supp. 617 (N.D. Ill. 1990).
Plaintiff's lacked standing to challenge constitutionality of an
ordinance giving owners of religious buildings the ability to "veto" a
landmark designation. No threat of real or immediate direct injury.
B. UNITED STATES COURTS OF APPEALS
FIRST AMENDMENT
Doe v. Small, 934 F. 2d 743 (7th Cir. 1991).
Annual Christmas display of 16 paintings depicting life of Jesus
Christ violated Establishment Clause.
Harris v. City of Zion, Lake County, Ill., 934 F. 2d 141 (7th Cir. 1991).
Plaintiff's alleged sufficient injury out of presence of religious
symbols in city's seals to have standing to assert First Amendment
claims.
DUE PROCESS
Saukstelis v. City of Chicago, (Docket No. 90-3258, June 21, 1991).
Use of "Denver Boot" for purpose of retrieving past due parking
fines did not violate substantive due process rights of car owners.
Chicago Observer, Inc. v. City of Chicago, 929 F. 2d 325 (7th Cir.
1991).
Hearing procedure established in connection with an ordinance
regulating the size and location of newsracks satisfied due process,
MUNICIPAL LIABILITY
Surplus Store and Exchange, Inc. v. City of Delphi, 928 F. 2d 788 (7th
Cir. 1991).
Pawn shop could not recover damages from city under Section
1983 when police officer seized rings he thought were stolen and
released them to owner without a hearing. Plaintiff failed to allege
that the constitutional violation was caused by a policy statement,
ordinance or regulation adopted and promulgated by the city.
ORDINANCES
South Suburban Housing Center v. Greater South Suburban Board of
Realtors, Docket Nos. 89-2115, 89-2122, 89-2123, 89-2218, 89-2767,
89-2777, 89-2778, 89-2846, (September 5, 1991).
Ordinances prohibiting real estate brokers from soliciting real
estate listings from those who had stated unreceptiveness to receiving
solicitations not violative of First Amendment.
Brown v. City of Lake Geneva, 919 F. 2d 1299 (7th Cir. 1991).
Revised liquor license ordinance did not deprive owners of bed
and breakfast of a constitutional right. Revisions defined term
"museum-restaurants" and did not deprive plaintiffs of property
even though member of council which drafted the ordinance was a
competitor.
PUBLIC CONTRACTS
Downtown Auto Parks v. City of Milwaukee, 938 F. 2d 705, (7th Cir.
1991).
First Amendment does not forbid city from considering adverse
lobbying of lessee of city parking structure in refusing to extend lease.
PUBLIC EMPLOYMENT
Campbell v. City of Champaign, __ F. 2d __, (7th Cir. 1991).
(Docket No. 90-3004 (August 23, 1991)).
Municipal records manager did not have a constitutionally protected property interest in her employment. A handbook did not
confer any contractual rights. Even if handbook entitled manager to
progressive discipline, a breach of that right would not be a deprivation of property.
Adier v. Madigan, 939 F. 2d 476, (7th Cir. 1991).
Official's letter indicating victim of unlawful employment practices entitled to back pay retroactive to "the effective date of the
initial selection" referred to last of 3 positions for which employee
applied and date on which last position filled.
U.S. v. City of Northlake, Ill., (7th Cir. 1991). (Docket No. 90-1822
(Septembers, 1991)).
Government entitled to further discovery on issue of whether city
had violated consent decree entered in employment discrimination
action.
Page 26 / Illinois Municipal Review / November 1991
Santella v. City of Chicago, 936 F. 2d 328, (7th Cir. 1991).
City employee did not have a protected property interest in
reclassification to a supervisory position. Officials making assurances
were not authorized to do so.
Pirela v. Village of North Aurora, 935 F. 2d 909, (7th Cir. 1990).
Title VII claims based on discriminatory discharge barred by res
judicata as police officer had full and fair opportunity to litigate these
before the police board and state court. Wage and promotion issues
not barred because arose prior to discharge.
Matlock v. Barnes, 932 F. 2d 658, (7th Cir. 1991).
Employee claimed transfer was politically motivated. Evidence
supported finding that former job as legal investigator not a policy-making or confidential position for which political affiliation would
have been an appropriate requirement.
TAXES
Burlington Northern Railroad Co. v. City of Superior, Wis., 932 F. 2d
1185, (7th Cir. 1991).
Railroad challenged state tax imposed on iron ore concentrates ad
discriminatory as it was imposed only on docks the railroad operated.
City not entitled to summary judgment.
C. UNITED STATES SUPREME COURT
ENVIRONMENTAL CONTROL
Wisconsin Public Intervenor v. Mortier, 111 S. Ct. 2476 (1991).
The Federal Insecticide, Fungicide and Rodenticide Act does not
preempt local regulation of pesticide use.
CURRENTLY PENDING
Arkansas v. Oklahoma, (U.S. Supreme Court Docket No. 90-1266).
Involves the issuance of water quality standards under the Clean
Water Act by upstream and downstream states. Under the Tenth
Circuit decision, downstream states were given wide discretion to set
stringent standards which would apply to upstream states.
IML has joined in filing an amicus brief in support of Arkansas
urging reversal of the 10th Circuit's decision.
FIRST AMENDMENT
Barnes v. Glen Theatre, Inc., 111 S. Ct. 2456 (1991).
Indiana law prohibiting total nudity in public places as applied to
"adult entertainment" does not violate the First Amendment.
ANTITRUST
City of Columbia v. Omni Outdoor Advertising, 111 S. Ct. 1344
(1991).
City's ordinance restricting of billboard construction immune
from federal anti trust liability. No "conspiracy" exception to the state
action doctrine as the alleged "conspiracy" exception to the state
action doctrine as the alleged "conspiracy" was only an agreement to
impose the regulation.
November 1991 / Illinois Municipal Review / Page 27
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