Peraica v. Riverside-Brookside High School District No. 208

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 122351
Decision Date: 
October 31, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Justice: 
EPSTEIN
Holding: 
Affirmed.
Plaintiffs sued School District, alleging violations of Property Tax Code, Election Code, and constitutional rights and civil rights under Section 1983, after School District placed referendum on ballot for voter approval to increase its property tax limiting rate. Government is not prohibited from using funds to support a particular cause, and thus no violation of Section 1983 sufficiently alleged. Court properly denied attorney's fees to Defendant under Section 1988 of Civil Rights Act, as award is within trial court's sound discretion. (HOWSE and LAVIN, concurring.)