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NERI BROS. CONST. v. VILLAGE

No. 1-05-0431.

841 N.E.2d 148 (2005)

363 Ill. App.3d 113

298 Ill.Dec. 1005

NERI BROTHERS CONSTRUCTION, an Illinois Corporation, Plaintiff-Appellant, v. VILLAGE OF EVERGREEN PARK, a Municipal Corporation; James J. Sexton, in his capacity as Mayor of the Village of Evergreen Park; Jerome Bosch, Carole E. Kyle, Mark Marzullo, James A. McQuillan, Mark T. Phelan, and Norbert F. Smith, in their capacities as Trustees of the Village of Evergreen Park; Matthias DeLort, in his capacity as Administrative Adjudication Hearing Officer of the Village of Evergreen Park; and W.T. Harris, as Administrator for the Village of Evergreen Park's Code Hearing Unit, Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

December 7, 2005.

Attorney(s) appearing for the Case

O'Hagan, Smith & Amundsen, L.L.C., Chicago (Michael Resis and Elana K. Seifert-Rivera, of counsel), for Appellant.

Louis F. Cainkar, Ltd., Chicago (Michael G. Cainkar, of counsel), for Appellee.

Presiding Justice HOFFMAN delivered the opinion of the court:

This is an appeal by the plaintiff, Neri Brothers Construction (Neri), from an order of the Circuit Court of Cook County which confirmed a decision of a hearing officer employed by the Village of Evergreen Park (Village) imposing a fine and assessing remedial costs against Neri pursuant to the Village's "spiller-pays" ordinance. For the reasons which follow, we affirm in part and reverse in part.

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