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PALMETTO PROPERTIES, INC. v. COUNTY OF DUPAGE

No. 03-2174.

375 F.3d 542 (2004)

PALMETTO PROPERTIES, INC. and Gregory A. Schirmer, Plaintiffs-Appellees, v. COUNTY OF DUPAGE and Joseph E. Birkett, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 7, 2004.

Rehearing Denied August 9, 2004.

Attorney(s) appearing for the Case

Reed Lee (argued), Chicago, IL, for Plaintiffs-Appellees.

Thomas F. Downing (argued), Office of the State's Attorney, Wheaton, IL, for Defendants-Appellants.

Before COFFEY, RIPPLE and KANNE, Circuit Judges.

KANNE, Circuit Judge.

This case raises a question about an award of attorney's fees to a "prevailing party" under the Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. § 1988 (2000). After the underlying claims, which challenged the constitutionality of both state and local adult-entertainment zoning regulations, were disposed of through dismissals, partial summary judgments, a repeal of the relevant portion of the local statute, and a final dismissal...

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