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AMERICAN BEVERAGE ASS'N v. CITY OF CHICAGO

No. 1-09-1511.

937 N.E.2d 261 (2010)

AMERICAN BEVERAGE ASSOCIATION, International Bottled Water Association, Illinois Retail Merchants Association, and Food Retailers Association, Plaintiffs-Appellants, v. The CITY OF CHICAGO, Defendant-Appellee.

Appellate Court of Illinois, First District, Fourth Division.

September 23, 2010.

Attorney(s) appearing for the Case

Jenner & Block LLP, Chicago ( Lee A. Freeman , John F. Kinney , Richard P. Campbell , Gail H. Morse , of counsel), for Plaintiffs-Appellants.

City of Chicago, Corporation Counsel, Chicago ( Benna Ruth Solomon , Myriam Zreczny Kasper , Julian N. Henriques, Jr. , of counsel), for Defendant-Appellee.

Justice O'BRIEN delivered the opinion of the court:

Plaintiffs, American Beverage Association, International Bottled Water Association, Illinois Retail Merchants Association, and Food Retailers Association, brought an action challenging the constitutionality of an ordinance enacted by defendant, City of Chicago, that imposed a tax of five cents on each bottle of water purchased at retail. Plaintiffs contended the tax was an unconstitutional occupation tax that violated...

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