Village of Evergreen Park v. Spangler

After a trial by jury, defendant Charles Spangler was found not guilty of maintaining a public nuisance in violation of an ordinance of the village of Evergreen Park. Defendant’s post-trial petition for attorney’s fees pursuant to section 41 of the Civil Practice Act (Ill. Rev. Stat. 1973, ch. 110, par. 41) was denied by the circuit court of Cook County. The major issue on appeal is whether the trial court properly denied defendant’s petition for attorney’s fees.

We affirm.

The pertinent facts are easily stated. The complainant, the village of Evergreen Park, charged defendant with violating a…