City of East Peoria v. Tazewell County

I am unable to concur with the majority of the court. In my opinion the attorneys’ fees should have been awarded by the trial court. In dissenting, I adopt the view expressed in Flynn v. Kucharski, 16 Ill.App.3d 624, 306 N.E.2d 726, and rely on tire reasoning stated in that opinion. Both Illinois and out-of-state decisions on the issue at hand are reviewfed therein and I believe it unnecessary to repeat and discussion of these cases since they have led me to the same conclusion as reached in the Flynn case.

The only relevant factual difference between the Flynn case and tire instant case…