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STAHELIN v. FOREST PRESERVE DIST.

No. 2-09-0249.

930 N.E.2d 447 (2010)

Leland STAHELIN and JES Ventures, L.L.C., Plaintiffs-Appellants, v. FOREST PRESERVE DISTRICT OF DU PAGE COUNTY, Defendant (Morton Arboretum, Defendant-Appellee).

Appellate Court of Illinois, Second District.

May 17, 2010.

Attorney(s) appearing for the Case

Lawrence A. Stein, Huck Bouma P.C., Wheaton, for JES Ventures, L.L.C., Leland Stahelin.

Jason G. Winchester, Adam W. Wiers, Jones Day, Chicago, for Morton Arboretum.

Justice BURKE delivered the opinion of the court:

The circuit court of Du Page County awarded defendant, Morton Arboretum (Morton), $94,578 in attorney fees, pursuant to section 1988 of the Civil Rights Act of 1991 (Act) (42 U.S.C. § 1988 (2000)), finding that plaintiffs, Leland Stahelin and JES Ventures, L.L.C., frivolously appealed to this court and the Illinois Supreme Court the trial court's dismissal of their action against Morton. On appeal, plaintiffs...

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