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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2829 Introduced 1/30/2014, by Sen. Terry Link SYNOPSIS AS INTRODUCED:
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735 ILCS 5/5-120 | from Ch. 110, par. 5-120 |
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Amends the Code of Civil Procedure. Provides that in any any 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.
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| | A BILL FOR |
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| | SB2829 | | 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 unit of local government, the court
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| 17 | | shall award the plaintiff all reasonable costs, including court |
| 18 | | costs and attorney's fees, associated with the appeal. If the |
| 19 | | court finds the decision by the unit of local government was |
| 20 | | clearly erroneous or that the plaintiff's rights to due process |
| 21 | | were abridged, the court may award the plaintiff all reasonable |
| 22 | | costs associated with the entire case dating back to the |
| 23 | | inception of the administrative proceeding. |