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POTTS v. FITZGERALD

No. 2-02-0064.

784 N.E.2d 420 (2003)

336 Ill. App.3d 500

271 Ill.Dec. 202

Josephine A. POTTS, Plaintiff-Appellee, v. Michael P. FITZGERALD, Dianne Barrett, Andy Smith, and Mary Williams; Dean Westrom, Chairman of the Du Page County Election Commission, in his official capacity; Robert T. Saar, Executive Director of the Du Page County Election Commission, in his official capacity; Clarendon Hills Park District Canvassing Board; Ken Nolan, Ed Hosek, and Donna Skupien, not individually but in their official capacities as Members of the Clarendon Hills Park District Canvassing Board, Defendants (Du Page County Election Commission, Defendant-Appellant).

Appellate Court of Illinois, Second District.

February 7, 2003.

Attorney(s) appearing for the Case

Patrick K. Bond, Mary E. Dickson, Timothy M. Kennedy, Bond, Mork & Dickson, P.C., Wheaton, for Du Page County Election Commission.

Ann M. Williams, Storino, Ramello & Durkin, Rosemont, for Josephine A. Potts.

Justice BYRNE delivered the opinion of the court:

Defendant the Du Page County Election Commission (Commission) appeals from the circuit court's denial of its petition for reimbursement of statutory costs and fees. We affirm.

BACKGROUND

This appeal arose from an action brought by plaintiff, Josephine A. Potts, challenging her electoral defeat for the office of park commissioner for the Clarendon Hills Park District, by seeking a recount of the votes...

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