Thomas W. Kelty

Thomas W. Kelty

Free Consultation

Kelty Law Office

Municipal Law Lawyers in Springfield, IL in Springfield, IL

Springfield, IL217-789-8901
Municipal LawBusiness & Commercial LawProbate & Estate AdministrationState, Local & Municipal LawTax Increment Financing (TIF)

About Thomas W. Kelty

Mr. Kelty has appeared and actively represented clients in the 7th, 8th, 9th, and 11th Circuit U. S. Courts of Appeals, the United States District Court for the Northern, Central and Southern Districts of Illinois; circuit courts in approximately 60 counties in Illinois; each of the five Appellate Court Districts in Illinois, and before the Illinois Supreme Court. He has likewise represented clients in regulatory matters before the Federal Energy Regulatory Commission, U.S. Treasury Department, the United States Tax Court of Appeals, the Illinois Commerce Commission, the Illinois Securities Department, the Illinois Environmental Protection Agency, the Illinois Department of Public Health, the Illinois Department of Commerce and Community Affairs, the Illinois Office of Real Estate and Banks, and numerous others. Other relevant background experiences include: General counsel to the Illinois Municipal League Risk Management Association (1980- 1991) and the Gas Utilities Alliance (Risk Management Association) (1978-1989). Vice Chair of Self-Insurers and Risk Managers Committee of Tort and Insurance Practice Section, American Bar Association (1986-1990) - a Committee comprised of general counsel to private and public (municipal) insurers engaged in self-insurance enterprises throughout the United States. Illinois Municipal League Home Rule Attorneys Committee - Counsel to this Committee of 65 attorneys representing 106 Illinois municipalities over 25,000 population, including Chicago and Springfield, charged with the monitoring and analysis of legislation, ordinances and litigation implementing and testing the parameters of the constitutionally created home rule powers contained in the 1970 Illinois Constitution. The work included participation in litigation, oral argument and filing of numerous briefs in home rule test cases brought throughout the State of Illinois, including numerous cases argued before the Illinois Supreme Court. Involved the analysis of constitutional home rule provisions in other States for a comparative analysis of their constitutional home rule provisions. Illinois Bell/Illinois municipalities franchise negotiations - lead counsel to a group of 456 Illinois municipalities in the successful negotiation in 1984 and the renegotiation in 1988 of a comprehensive utility franchise agreement allowing the continued contractual franchise fee arrangement between Illinois Bell Telephone Company and these municipalities comprising a population of over 7,000,000 persons. The renegotiation was necessitated by the divestiture of the Bell operating companies nationally by federal court order. Illinois Municipal Tort Immunity - lead counsel in 1986 in the negotiation and lobbying of the first major revisions of the Illinois Tort Immunity Act in over 20 years. Negotiations were conducted directly with the Speaker of the Illinois House of Representatives, Representative Michael Madigan, on behalf of over 1,300 cities and villages and over 2,000 townships, school districts, and park districts. Sangamac (Illinois) Ambulance District - legal counsel in the creation of the first constitutional intergovernmental cooperation multi-municipality public service ambulance district in the State of Illinois coordinating the efforts of five municipalities located in multi-counties serving a population in excess of 100,000 people. Illinois Air Rights Law - successfully negotiated the first public lease of air rights in the State of Illinois combining the creation and construction of a 300-car multi-level parking ramp with the construction of a major chain 300-room hotel in air rights above the parking ramp under the terms of a 99-year lease arrangement. American Legal Publishing Company - Illinois and Missouri counsel to this major publisher of municipal ordinance codes. Review, analyze and edit ordinance recodifications prepared by American Legal Publishing. Requires current working knowledge of applicable case law and statutory provisions. Awards and Honors Honors Recipient, Distinguished Service Award for Lifetime Achievement, Illinois Institute for Local Government Law, 2007

Education

Legal Education

  • University of Missouri - Kansas City School of Law, Kansas City, Missouri, 1971
  • J.D.

Non Legal Education

  • Creighton University, Omaha, Nebraska, Omaha, Nebraska, 1967
  • B.A.
  • Honors: Member, Phi Alpha Delta
  • Honors: Member, Sigma Alpha Epsilon

Classes and Seminars

  • Presenter, American Bar Association, Palm Beach, Florida, 1987
  • Presenter, Illinois Municipal League 80th Annual Conference, Chicago, Illinois, 1993
  • Lecturer, IML Annual Conference, 1972 - 1990
  • Lecturer, Biennial Municipal Attorneys Seminar, 1973 - 1989
  • Lecturer, Emerging Tenth Amendment Federalism Issues: Preserving Basic Local Constitutional Authority, IMLA Annual Conference, San Diego, California, 1990
  • Lecturer, Statewide Attorneys Seminar, Illinois Institute for Local Government for Law (Springfield), 1992
  • Lecturer, Statewide Attorneys Seminar, Illinois Institute for Local Government for Law (Champaign and Skokie), 1993
  • Lecturer, Federalism: On the Brink of Revival, ILGL 1st Annual Conference, Springfield, Illinois
  • Lecturer, Constitutional Federalism, ILGL 2nd Annual Conference, Joliet, Illinois, 1995
  • Lecturer, Report of the IMLA Standing Committee on Federalism, ABA Section of State and Local Government Law, Chicago, Illinois, 1995
  • Lecturer, Introduction to and Current Thoughts on Federalism: Does the Tenth Amendment Still Live?, IMLA Sixth Circuit Regional Seminar, Cincinnati, Ohio, 1995
  • Lecturer, Case Report., ILGL 3rd Annual Conference, Joliet, Illinois, 1996
  • Lecturer, Legislative Update, ILGL 4th Annual Conference, Bloomington, Illinois, 1997
  • Guest Lecturer, TIF Planning is Not Mere Words, Illinois Tax Increment Association, Spring Conference, Effingham, Illinois, 1999
  • Guest Lecturer, Expulsion Procedure: How to Avoid a Constitutional Challenge, School Law Conference for Administrators, Teachers & Board Members, Western Illinois University, Macomb, Illinois, 2000
  • Lecturer, Student Expulsion: The Decatur Experience, ILGL 7th Annual Conference, Joliet, Illinois
  • Guest Lecturer, Recap of the Attorney General Opinions Affecting Schools and Local Government, School Law Conference for Administrators, Teachers & Board Members, Holiday Inn, Moline, Illinois, 2001
  • Lecturer, Home Rule: Survey of Popular Uses 1986-2000, ILGL 9th Annual Conference, Joliet, Illinois, 2002
  • Lecturer, Zoning Hearings Post-Klaeren, ILGL 10th Annual Conference, Chicago, Illinois, 2003
  • Guest Lecturer, Illinois Constitutional

Representative Cases

  • City of Springfield v. Allphin
  • Citation: 384 N.E.2d 310
  • Court: S.Ct.
  • Year: 1979
  • Citation: 413 N.E.2d 394
  • Year: 1980
  • SMEAA v. Castle
  • Citation: 427 N.E.2d 144
  • Year: 1981
  • Village of Pawnee v. Johnson
  • Citation: 469 N.E.2d 1365
  • Year: 1984
  • People ex rel Bernardi v. City of Highland Park
  • Citation: 520 N.E.2d 316
  • Year: 1988
  • Arkansas v. Oklahoma
  • Court: United States Supreme Court
  • Year: 1992
  • People of the State of Illinois, ex rel Paul A. Logli, State's Attorney for Winnebago County, Illinois v. The City of Loves Park
  • Citation: No. 93-MR-133
  • Year: 1993
  • Leonard Keeven, as Trustee of Leonard Keeven Trust, et al., etc. v. City of Highland
  • Citation: No. 94-MR-331
  • Year: 1997
  • Roosevelt Fuller, by his parents, Gretta Fuller and Roosevelt Harris, et al. v. Decatur Public School Board of Education School District 61, et al.,
  • Citation: No. 99-2277, Ctl. District in IL, Urbana Division
  • Year: 1999
  • Gregory Howell, by his parent, Cynthia Howell, et al. v. Decatur Public School Board of Education School District 61, et al.
  • Citation: No. 99-CH-245
  • Court: Circuit Court of the Sixth Judicial Circuit Macon County, Illinois
  • Decatur Public School District 61 v. Rainbow/PUSH Coalition, et al.
  • Citation: No. 99-2288
  • Court: Circuit Court for the Sixth Judicial Circuit in Illinois
  • Libbra v. Livingston, et al.
  • Citation: No. 03-MR-723, 03-MR-753
  • Court: Circuit Court for the Third Judicial Circuit in Illinois
  • Year: 2004

Published Works

Articles

  • Editor, Report of the Illinois Municipal League Committee of Home Rule Attorneys: 1970, Illinois Municipal League, Pub. Annually, 1987
  • General Editor, Public Building Commissions and Civic Auditoriums, Illinois Institute for Continuing Legal Education (Co-Author with Clifford L. Weaver and R. Marlin Smith), Special District Government In Illinois, 1982
  • Antitrust Do's and Don'ts (Co-Author with Pfeifer), Illinois Municipal Review, July, 1982
  • Boulder Antitrust Suit Settled (Co-Author with Pfeifer), Illinois Municipal Review, September, 1982
  • Consumer Utility Tax Declared Unconstitutional (Co-Author with Pfeifer), Illinois Municipal Review, March, 1983
  • Antitrust Damages (Co-Author with Pfeifer), Illinois Municipal Review, February, 1984
  • Illinois' Experiment For Tomorrow's Government (Co-Author with Banovetz), Illinois Municipal Review, March, 1985
  • What Difference Does Home Rule Make?, (Co-Author with Banovetz), Illinois Municipal Review, April, 1985
  • Home Rule Is Used By Small Communities Too!, (Co-Author with Banovetz), Illinois Municipal Review, June, 1985
  • Home Rule Can Help Solve Problems, (Co-Author with Banovetz), Illinois Municipal Review, July, 1985
  • Economic Development Advanced By Home Rule, (Co-Author with Banovetz), Illinois Municipal Review, August, 1985
  • Home Rule In Illinois: Image and Reality, Illinois Issues (Co-Author with Banovetz), Sangamon State University, 1987
  • Home Rule, The Aftermath of a Revolution, Illinois Issues (Co-Author with Banovetz), September, 1985
  • Home Rule, Referenda and Elections, (Co-Author with Banovetz), Illinois Municipal Review, September, 1985
  • Planning, Leadership, Honesty Are Keys To Successful Home Rule Referenda, (Co-Author with Banovetz), Illinois Municipal Review, October, 1985
  • The Watchdogs of Home Rule, Illinois Issues (Co-Author with Banovetz), October, 1985
  • Success Under Siege: The Record of Illinois Home Rule (Co-Author with Banovetz), Illinois Municipal Review, December, 1985
  • Debt, Taxes, and Home Rule, Illinois Issues (Co-Author with Banovetz), December, 1985
  • Home Rule: Renewing Trust In Local Government, Illinois Issues (Co-Author with Banovetz), May, 1986
  • Inverse Condemnation: Another Assault Upon Municipal Regulation, Illinois Municipal Review, August, 1986
  • Illinois Tort Reform: Analysis of SB 1200, Expansion of Local Government Tort Immunity, Illinois Municipal Review, October, 1986
  • Utility Systems, Illinois Institute for Continuing Legal Education, Illinois Municipal Law
  • Efficiency, Effectiveness and Economy: The Case For Privatization, Illinois Municipal Review, June, 1987
  • Illinois Home Rule and Taxation: A New Approach To Local Government Enabling Authority (Co-Author with Banovetz), Northern Illinois University Law Review, Summer, 1988
  • Special Problems of Self-Insureds, The Lawyer's Brief, March, 1988
  • Illinois Public Bidding Statute: The Pitfalls, Illinois Municipal Review, April, 1991
  • Municipal Utility Franchises: Fair Market Rental Required, IMLA Municipal Attorney, March/April, 1993
  • The Tenth Amendment: New Federalism (Or Old Federalism Resurrected)?, Illinois Municipal League 80th Annual Conference, Chicago, Illinois, September, 1993
  • Federalism: On The Brink of Revival, Illinois Institute for Local Government First Annual Conference, Springfield, Illinois, February, 1994
  • Federalism: The Illinois Constitutional Defense Council, ISBA Local Government Law Section Council Newsletter, March, 1994
  • Utility Systems, Illinois Institute for Continuing Legal Education, Illinois Municipal, Spring, 1994
  • Introduction (Chapter 1), Lawyers Cooperative Publishing, Illinois Jur, Municipal Law, 1994
  • General Powers (Chapter 10), Lawyers Cooperative Publishing, Illinois Jur, Municipal Law, 1994
  • Municipal Utilities; Water and Sewer (Chapter 18), Lawyers Cooperative Publishing, Illinois Jur, Municipal Law, 1994
  • NIMLO/ABA Federalism Committee: 10th Amendment on the Mend, Municipal Attorney, Jan/Feb., 1995
  • NIMLO/ABA Federalism Committee: Politics and the 10th Amendment, Municipal Attorney, Mar/Apr., 1995
  • Federalism: Lopez, a Benchmark Decision, Municipal Attorney, May/June, 1995
  • U.S. Term Limits: Tenth Amendment has Life, Municipal Attorney, July/Aug., 1995
  • FAA Precludes Tow Truck Regulations, Municipal Attorney, Sept/Oct., 1995
  • Federalism: The Thin Edge of the Wedge, Municipal Attorney, Nov/Dec., 1995
  • NIMLO Seeks Tenth Amendment Cases, ABA Section Newsletter, 1995
  • Federalism: While the Stewards Slept ... New York vs. United States, The Urban Lawyer, ABA, Summer, 1997
  • Municipal Liability: Is a Zoning Hearing Really a Hearing? IDC Quarterly, 2004

Bar Admissions

  • Illinois, 1971
  • Missouri, 1985
  • U.S. Court of Appeals 7th Circuit, 1985
  • U.S. Supreme Court, 1982
  • U.S. Tax Court, 1985

Other Affiliations

  • Sangamon County Bar Association (Member)
  • Illinois State Bar Association (Member)
  • American Bar Association (Member)
  • National Association of Bond Lawyers (Member)
  • Illinois State Bar Association, Local Government Law Section Council, 1980 - 1982 (Chair)
  • Illinois State Bar Association, Local Government Law Section Council, 1978 - 1986 (Member)
  • Illinois State Bar Association, Local Government Law Section Council, 1993 - Present (Member)
  • International Municipal Lawyers Association (Member, Board of Directors)
  • International Municipal Lawyers Association, 2008 (Elected Third Vice President)
  • International Municipal Lawyers Association, 1987 - 1993 (Illinois State Chairman)
  • International Municipal Lawyers Association, 1989 - 1993 (Chair, Committee of State Municipal League Counsel)
  • International Municipal Lawyers Association, 1993 - 2008 (Member and Chair, Standing Committee on Federalism)
  • International Municipal Lawyers Association, 2000 - 2003 (Chair, Standing Committee on Federalism)
  • Illinois Development Council, 1995 - 2002 (Member)
  • Illinois Association of Defense Trial Counsel, 1992 - 1998 (Member)
  • Illinois Tax Increment Association, 1990 - Present (Member)
  • University of Illinois - Springfield Foundation, 1982 - 1984 (President)
  • Illinois Institute for Local Government Law, 1991 - Present (General Counsel and Executive Director)
  • Illinois Municipal League, 1972 - 1991 (Chief Counsel)
  • Springfield Metropolitan Exposition and Auditorium Authority, 1972 - 1982 (General Counsel)
  • Illinois Municipal League Risk Management Association, 1980 - 1991 (General Counsel)
  • Gas Utilities Alliance (Risk Management Association), 1978 - 1989 (General Counsel)
  • American Bar Association, Insurance Practice Section, 1986 - 1990 (Vice Chair, Self-Insurers and Risk Managers Committee)
  • Illinois Municipal League, 1971 - 1991 (Counsel, Home Rule Attorneys Committee)
  • International Municipal Lawyers Association, 1986 (State Municipal League Attorneys Committee)
  • American Legal Publishing Company (Illinois and Missouri Counsel)
  • International Municipal Lawyers Association, 1995 (Chair, International Committee)
  • World Jurist Association (Member)

Attorney Details

Full NameThomas W. Kelty
FirmKelty Law Office
Address924 Clocktower Drive Suite B, Springfield, IL 62704
Phone217-789-8901
Phone217-546-7432
Websitewww.keltylaw.net
New Clients Currently accepting
Consultation Free initial consultation