Home > Amicus Briefs >2015
- Hampton v MWRD (filed December 30, 2015)
On December 30, 2015, the IML filed an amicus brief with the Illinois Supreme Court in support of the Metropolitan Water Reclamation District. In this brief, the IML argued that MWRD did not "take" the plaintiffs' property when their properties flooded because the temporary flooding did not constitute a taking under the Takings Clause in the Illinois Constitution as the Illinois constitutional provision should not be applied and interpreted in "lockstep" with the Takings Clause of the Fifth Amendment in the U.S. Constitution.
- Benton v. Granite City (filed September 3, 2015)
Attorneys for the IML filed an amicus brief in support of the City of Granite City before the Illinois Fifth District Appellate Court. In this case, the IML argued that municipalities are entitled to immunity under Section 4-102 of the Tort Immunity Act when a K-9 officer bites an individual while participating with human law enforcement officers in police services.
- Crystal Lake v Lefew (filed September 1, 2015)
Attorneys for the IML filed an amicus brief in support of the City of Crystal before the Illinois Second District Appellate Court. In the case, the IML argued that the City's challenged property tax levy ordinance was a valid exercise of the City's home rule powers. Alternatively, if there was any defect in the approval of the ordinance, the City had the authority and did properly ratify the ordinance.
- Board of Education v. Illinois Attorney General
On June 22, 2015, the IML filed an amicus brief in support of the School Board for Springfield School District 186 before the Fourth District Illinois Appellate Court. In this case, the IML argued that the School Board did not violate Section 2(e) of the Open Meetings Act, and that the AG's interpretation of Section 2(e) would lead to an absurd result.
- Accel Entertainment Gaming v. Village of Elmwood Park (filed May 8, 2015)
The IML filed an amicus brief before the First District Illinois Appellate Court in support of the Village of Elmwood Park. In this case, the IML argued that the Video Gaming Act does not preempt home rule authority to license video gaming machines operating within the corporate limits of home rule communities.
- Gurba v. Community High School Dist. 155 (filed April 8, 2015)
The IML filed an amicus brief to the Illinois Supreme Court in support of the third-party defendant-appellee, the City of Crystal Lake, in what has become commonly referred to as "the Bleachers case." In this case, the IML argued that school boards are required to abide by the zoning regulations of the municipality in which they are located.
- Village of Vernon Hills v. Heelan (filed January 30, 2015)
The IML and IPELRA filed a joint amici brief with the Illinois Supreme Court in this matter in support of the Village of Vernon Hills. In this joint brief, we argued, in conjunction with the village, that municipalities have the right to intervene in the legal process when determining eligibility of PSEBA benefits.
- Coleman v. East Joliet Fire Protection District (filed January 7, 2015)
The IML, IPELRA, and the ICCTA filed a joint amici brief in this matter in support of the defendants, two fire protection districts and a county. In this joint brief, we demonstrated to the Illinois Supreme Court that the "public duty rule" -- the common law rule which provides that public entities owe a duty to the public at large, not to each and every individual citizen -- has not been abolished by the enactment of the Tort Immunity Act and is still applicable to tort actions under Illinois law.