Unit owner Palm had a dispute with his condominium association, and sought access to records and financial information. Chicago, a home rule unit, has an ordinance that requires production within three business days. Production was resisted on the theory that the ordinance was beyond the city’s home rule authority because state statutes allow 30 days to respond to such requests, and, unlike the ordinance, limit the age of the requested documents to 10 years, and require that a proper purpose be stated. The trial court ordered production; the appellate and supreme courts affirmed, finding the ordinance a valid exercise of home rule power. If the legislature intends to limit or deny the exercise of home rule powers by statute, the statute must contain an express statement to that effect. The home rule provisions of the Illinois Constitution are intended to eliminate, or reduce to a bare minimum, circumstances under which local home rule powers are preempted by judicial interpretation of unexpressed legislative intent. Comprehensive legislation which conflicts with an ordinance is insufficient to limit or restrict home rule authority. If the legislature wishes to deny or restrict the city’s authority, it may enact a statute so providing. View "Palm v. 2800 Lake Shore Dr. Condo. Ass'n" on Justia Law
Posted in: Government & Administrative Law, Illinois Supreme Court, Real Estate & Property Law, Zoning, Planning & Land Use
Lake Holiday, a private community, is governed by the Association, which enacted restrictive covenants, rules, and regulations, including rules that concern speed limits, impose fines, provide for enforcement of rules by private security officers, and require residents to provide security officers with identification when requested to do so. Plaintiff owns property in the development and was driving within the development, when a private security officer measured plaintiff’s speed, pulled plaintiff over, took plaintiff’s license, detained plaintiff for a few minutes, and issued a citation. In his third amended complaint plaintiff sought a declaratory judgment that the practices of the security department were unlawful and that the rules and regulations were void and alleged breach of fiduciary duty and willful and wanton conduct and false imprisonment. The trial court granted defendants summary judgments. The appellate court held that the practice of recording drivers was not a violation of the eavesdropping statute, 720 ILCS 5/14-2(a)(1), nor was the security department prohibited from using radar, but that the Association was not authorized by the Vehicle Code to use amber lights on its vehicles and that stopping and detaining drivers for Association rule violations was unlawful. The Illinois Supreme Court reversed, in favor of the Association. View "Poris v. Lake Holiday Prop. Owners Ass'n" on Justia Law
Posted in: Criminal Law, Illinois Supreme Court, Non-Profit Corporations, Real Estate & Property Law, Zoning, Planning & Land Use
The regional board of school trustees dissolved a school district, partially located in Montgomery County, and annexed it to a district previously located entirely in Sangamon County. About 99.7 percent of the reconstituted district is in Sangamon County and the voters of that county had approved a referendum under the Property Tax Extension Limitation Law (PTELL)(35 ILCS 200/18â185); the voters in Montgomery County had not. A taxing district subject to PTELL may not ordinarily extend taxes at a rate that exceeds the previous yearâs extension by more than 5%, or the percentage increase in the Consumer Price Index, whichever is less, without referendum approval. The district, wanting to issue bonds to finance improvements, sought a declaration that PTELL did not apply. Reversing the trial and appellate courts, the supreme court held that the entire district remains subject to the PTELL.