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CITY OF ELGIN v. ALL NATIONS WORSHIP CENTER

No. 2-06-0793.

868 N.E.2d 385 (2007)

The CITY OF ELGIN, Plaintiff and Counterdefendant-Appellee, v. ALL NATIONS WORSHIP CENTER, Defendant and Counterplaintiff-Appellant.

Appellate Court of Illinois, Second District.

May 9, 2007.

Attorney(s) appearing for the Case

John W. Mauck, Andy R. Norman, Amy J. Vroom, Mauck & Baker, LLC, Chicago, for Scott Wallis.

William A. Cogley, Corporate Counsel-City of Elgin, Michael R. Gehrman, Richard G. Kozal, Jack H. Tibbetts, Assistant Corporate Counsel-City of Elgin, for the City of Elgin.

Justice CALLUM delivered the opinion of the court:

Defendant, All Nations Worship Center, appeals the circuit court's order denying its petition for attorney fees pursuant to the Illinois Religious Freedom Restoration Act (the Act) (775 ILCS 35/20 (West 2004)). Defendant contends that it was entitled to fees as a "party who prevailed" in its litigation against plaintiff, the City of Elgin. Because defendant did not prevail in any significant sense in the underlying...

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