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| | SB2829 Engrossed | | LRB098 17209 HEP 52301 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 5-120 as follows:
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| 6 | | (735 ILCS 5/5-120) (from Ch. 110, par. 5-120)
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| 7 | | Sec. 5-120. Affirmance or reversal on appeal. |
| 8 | | (a) If any person takes
an appeal to review the judgment
of |
| 9 | | any other court, and the judgment is affirmed or the appeal is
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| 10 | | dismissed, the appellee shall recover costs, which may be |
| 11 | | collected in the
same manner as judgments for the payment of |
| 12 | | money are enforced;
and if the judgment is reversed, the |
| 13 | | appellant shall recover
costs, which may be collected in the |
| 14 | | same manner as judgments for the payment
of money are enforced.
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| 15 | | (b) In any successful appeal under Article III of this Code
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| 16 | | of an adverse decision by a Code Hearing Unit of a municipality |
| 17 | | that imposes a fine or penalty, the court
may award the |
| 18 | | plaintiff all reasonable costs, including court costs and |
| 19 | | attorney's fees, associated with the appeal. If the court finds |
| 20 | | the decision by the municipality was clearly erroneous or that |
| 21 | | the plaintiff's rights to due process were abridged, the court |
| 22 | | may award the plaintiff all reasonable costs associated with |
| 23 | | the entire case dating back to the inception of the |