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U.S.G. ITALIAN MARKETCAFFE v. CITY OF CHICAGO

No. 1-00-3294.

775 N.E.2d 47 (2002)

332 Ill. App.3d 1008

266 Ill.Dec. 485

U.S.G. ITALIAN MARKETCAFFE, L.L.C., doing business as Soprafina, and Thomas M. Tunney Enterprises, Ltd., doing business as Ann Sather Restaurants, Plaintiffs-Appellees, v. The CITY OF CHICAGO and Hugh Murphy, in his capacity as the Director of Revenue of the City of Chicago, Defendants-Appellants.

Appellate Court of Illinois, First District, Sixth Division.

July 19, 2002.

Attorney(s) appearing for the Case

Lawrence Rosenthal, Deputy Corporation Counsel, Benna Ruth Solomon, Chief Asst. Corporation Counsel, Julian N. Henriques, Jr., Asst. Corporation Counsel, Corporation Counsel of the City of Chicago, Chicago, for Appellants.

Jerone Wiener, Brian L. Wolfberg, James R. Griffin, Schain, Burney, Ross & Citron, Ltd., Chicago, for Appellees.

Justice BUCKLEY delivered the opinion of the court:

Two restaurant owners, U.S.G. Italian Marketcaffe, L.L.C., d/b/a Soprafina, and Thomas M. Tunney Enterprises, Ltd., d/b/a/ Ann Sather Restaurants (the Restaurants), brought this action against the City of Chicago and Hugh Murphy, director of revenue of the City of Chicago (collectively, the City), claiming that the City's litter tax ordinance (the Ordinance) (Chicago Municipal Code §§ 3-43-010 to 3-43-100...

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