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LAMAR WHITECO OUTDOOR v. CITY WEST CHICAGO

No. 2-08-0020.

916 N.E.2d 886 (2009)

LAMAR WHITECO OUTDOOR CORPORATION, Plaintiff-Appellee, v. The CITY OF WEST CHICAGO and Bill Beebe, Code Enforcement Officer for the City of West Chicago, in His Official Capacity, Defendants-Appellants.

Appellate Court of Illinois, Second District.

October 8, 2009.

Attorney(s) appearing for the Case

Russell W. Hartigan, Patrick H. O'Connor, P.C., Chicago, IL, for Appellant.

John A. Simon, Arthur M. Scheller III, Drinker, Biddle & Reath, LLP, Chicago, IL, for Appellee.

Justice BURKE delivered the opinion of the court:

Plaintiff, Lamar Whiteco Outdoor Corporation, initiated an action that led to a permanent injunction barring defendant, the City of West Chicago (City), from enforcing an advertising ordinance against plaintiff. The ordinance remains in effect as to all other outdoor advertisers. The trial court ruled that plaintiff is eligible for attorney fees and costs as a "prevailing party" under section 1988 of the Civil Rights...

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