2012 IL App (3d) 100206
Ill. App. Ct.2012Background
- Parker sued Peoria city council members, the mayor, and the city government for alleged Open Meetings Act violations.
- The dispute centers on the October 9, 2007 meeting where options B and D were approved, using city resources to educate minority contractors.
- Prior agenda listed Norris & Associates as the minority consultant, but that provision was removed before the hearing.
- The complaint alleged 48 hours' notice was not provided for the vote on option D and asserted a conspiracy to avoid minority contracting.
- Trial court granted summary judgment for Parker, voiding the October 9, 2007 vote, and later awarded $3,000 in attorney fees after a detailed fee review.
- On appeal, Parker challenged the fee award as insufficient, sought punitive damages, and challenged the dismissal of monetary damages; the court affirms in part and remands for fee calculation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Attorney fees amount and standard | Parker seeks reasonable fees under Act. | Defendants contend fee amount was proper given scrutiny. | Abuse of discretion; remand to calculate reasonable fees. |
| Availability of punitive damages under the Act | Punitive damages should be available to deter violations. | Act does not authorize punitive damages or penalties. | Punitive damages not available under the Act; remedies are limited to specified relief. |
| Damages dismissal | Damages should be available for violations of the Act. | Damages are not available for Act violations and the second count is derivative. | Damages denied; the second count offers no independent relief; affirm denial. |
Key Cases Cited
- Kaiser v. MEPC American Properties, Inc., 164 Ill.App.3d 978 (Ill. App. 1987) (fee-shifting factors for attorney fees)
- Advocate Health & Hospitals Corp. v. Heber, 355 Ill.App.3d 1076 (Ill. App. 2005) (need for articulated reasoning in fee awards)
- Lieber v. Board of Trustees of Southern Illinois University, 316 Ill.App.3d 266 (Ill. App. 2000) (discretionary award of attorney fees under FOIA analog)