Meyer v. Marshall

Mr. JUSTICE GEORGE J. MORAN

delivered the opinion of the court:

Defendants appeal from a judgment of the circuit court of Monroe County awarding plaintiffs *12,500 for appellate attorney fees and *612.10 for other appellate costs incurred in a previous appeal to this court and to the Illinois Supreme Court.

The principal question in this case is whether attorney fees may be awarded to a successful appellate litigant by a trial court without express statutory authority.

This action was first commenced by plaintiffs pursuant to section 11 — 13—15 of the Illinois Municipal Code (Ill. Rev. Stat. 1971, ch.…