U.S.G. Italian Marketcaffe, L.L.C. v. City of Chicago

Two restaurant owners, U.S.G. Italian Marketcaffe, L.L.C., d/b/a Soprafina, and Thomas M. Tunney Enterprises, Ltd., d/b/a Ann Sather Restaurants (the Restaurants), brought this action against the City of Chicago and Hugh Murphy, director of revenue of the City of Chicago (collectively, the City), claiming that the City’s litter tax ordinance (the Ordinance) (Chicago Municipal Code §§ 3 — 43 — 010 to 3 — 43— 100 (2000)) violates state law and the uniform tax classification clause of the Illinois Constitution (Ill. Const. 1970, art. IX, § 2), and is unconstitutionally vague. The trial court…