Bill Text: IL SB2829 | 2013-2014 | 98th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Code of Civil Procedure. Provides that in a successful appeal under the Administrative Review Law of an adverse decision by a unit of local government, the court shall award the plaintiff all reasonable costs, including court costs and attorney's fees, associated with the appeal. Provides that if the court finds the decision by the unit of local government was clearly erroneous or that the plaintiff's rights to due process were abridged, the court may award the plaintiff all reasonable costs associated with the entire case dating back to the inception of the administrative proceeding.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Passed) 2014-08-26 - Public Act . . . . . . . . . 98-1105 [SB2829 Detail]
Download: Illinois-2013-SB2829-Engrossed.html
Bill Title: Amends the Code of Civil Procedure. Provides that in a successful appeal under the Administrative Review Law of an adverse decision by a unit of local government, the court shall award the plaintiff all reasonable costs, including court costs and attorney's fees, associated with the appeal. Provides that if the court finds the decision by the unit of local government was clearly erroneous or that the plaintiff's rights to due process were abridged, the court may award the plaintiff all reasonable costs associated with the entire case dating back to the inception of the administrative proceeding.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Passed) 2014-08-26 - Public Act . . . . . . . . . 98-1105 [SB2829 Detail]
Download: Illinois-2013-SB2829-Engrossed.html
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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 | ||||||
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| 1 | administrative proceeding. This subsection does not apply in | ||||||
| 2 | municipalities where the Code Hearing Department was
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| 3 | established pursuant to Division 2.1 of Article 1 of the | ||||||
| 4 | Illinois Municipal Code. | ||||||
| 5 | (Source: P.A. 82-280.)
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