by Christian G. Spesia Recent case law from the Second and Third District Appellate Courts opens areas in which municipalities can assert estoppel, which is more often attempted against municipalities, as a defense against private parties. These cases rely on the notion that what a private party may assert against a municipality, a municipality may assert against a private party. Estoppel Against Local Public Entities- The Hard Line In ... Read More

ILGL Feature Article Submitted by Christian G. Spesia (Spesia & Taylor) April 2009 While not exactly a new case, Pochie v. Cook County Officers Electoral Bd. 289 Ill. App. 3d 585 (Ill. App. 1st Dist. 1997) recently played a decisive role before a suburban municipal officers electoral board, which was called to hear an objector’s petition against certain candidates preceding the April 7th Consolidated Election. Pochie allowed those ... Read More

ILGL Article Submitted by Christian G. Spesia April 11, 2008 A client presents you with a stack of local ordinances from New Jersey, California and Florida that regulate campaign contributions for municipal elections and asks whether your non-home rule unit can adopt similar regulations. Your immediate response is that absent statutory authority, your non-home rule Village cannot regulate in this area. The client points to his stack of ... Read More

By Christian Spesia, Joliet A recent decision by the Second District Appellate Court in People ex rel. Klaeren v. Village of Lisle, No. 2-99-1256 (October 13, 2000) holds that statutory procedural requirements provide a right for cross-examination of witnesses in municipal zoning hearings. Even though Klaeren is a zoning case, the court stated in dicta that the same right to cross-examination would apply to hearings before the village board, ... Read More

Marty Shanahan & Chris Spesia, Spesia & Taylor After more than three years since passage of the Video Gaming Act (230 ILCS 40/1 et seq.), on October 9, 2012, video gaming went “live” in Illinois at sixty-five (65) licensed locations throughout the state. A total of two hundred seventy-eight (278) terminals became operational. The Video Gaming Act, enacted on July 13, 2009, legalizes the use of video gaming terminals in: licensed ... Read More