Stahelin v. Forest Preserve District

The circuit court of Du Page County awarded defendant, Morton Arboretum (Morton), $94,578 in attorney fees, pursuant to section 1988 of the Civil Rights Act of 1991 (Act) (42 U.S.C. §1988 (2000)), finding that plaintiffs, Leland Stahelin and JES Ventures, L.L.C., frivolously appealed to this court and the Illinois Supreme Court the trial court’s dismissal of their action against Morton. On appeal, plaintiffs argue that the trial court lacked the authority to award the fees, because Morton failed to seek them directly in this court pursuant to Supreme Court Rule 375(b) (155 Ill. 2d R. 375(b)),…