Bockweg v. Konopiots

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 121122
Decision Date: 
September 27, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Justice: 
PALMER
Holding: 
Reversed and remanded.
Plaintiff who was successful in pursuing enforcement of City Municipal Code excavation ordinance was entitled to her costs, including attorney fees, per Section 11-13-15 of Illinois Municipal Code. Excavating company began excavation in violation of ordinance, and did not abate violation until after Plaintiff's building had suffered considerable damage. Late compliance did not remedy damage which excavator had done. The fact that Plaintiff did not seek an injunction does not prevent her from recovering attorney fees. (McBRIDE and TAYLOR, concurring.)