Board of Commissioners of Bolingbrook Park District v. County of Will

506 N.E.2d 1044, 154 Ill. App. 3d 395, 107 Ill. Dec. 153, 1987 Ill. App. LEXIS 2311
CourtAppellate Court of Illinois
DecidedApril 13, 1987
Docket3-86-0555
StatusPublished
Cited by9 cases

This text of 506 N.E.2d 1044 (Board of Commissioners of Bolingbrook Park District v. County of Will) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Commissioners of Bolingbrook Park District v. County of Will, 506 N.E.2d 1044, 154 Ill. App. 3d 395, 107 Ill. Dec. 153, 1987 Ill. App. LEXIS 2311 (Ill. Ct. App. 1987).

Opinion

JUSTICE WOMBACHER

delivered the opinion of the court:

In June of 1981 the law firm of Moss & Bloomberg filed a complaint against the Will County treasurer and the County of Will. The action sought to enjoin the defendants’ practice of retaining interest earned on taxes extended and levied by the plaintiff class members, from the time of receipt by defendants to the time of disbursement to the plaintiff class members. The complaint challenged the defendants’ practice as being illegal under Illinois statutes and the 1970 Constitution of the State of Illinois. Moss & Bloomberg brought similar suits in Cook, Du Page and Lake counties on behalf of municipal bodies in those counties.

The trial court dismissed the complaint in the Will County case. On November 5, 1982, this court held, in an unpublished order (case No. 82 — 0140), that the complaint in that action did state a cause of action; the decision rested upon a prior appellate court decision regarding the similar suit which had been filed in Du Page County and appealed to the second appellate district.

Subsequent to this court’s ruling, the Du Page case was taken on appeal from the appellate court to the Illinois Supreme Court. During the pendency of the case before the supreme court, the County of Will appealed this court’s decision regarding the complaint filed in the Will County circuit court. During this time, Moss & Bloomberg engaged in negotiations with the Will County State’s Attorney’s office which resulted in an agreed order. The trial court entered summary judgment in favor of the plaintiff class and ordered an accounting of the undistributed tax monies.

As a consequence of the actions brought in the various circuit courts, the Illinois Supreme Court held that the defendants were liable to the plaintiffs for the interest earned on collected but undistributed tax monies from May 27, 1983. Board of Commissioners of the Wood Dale Public Library District v. County of Du Page (1982), 107 Ill. App. 3d 409, 437 N.E.2d 923, aff'd (1983), 96 Ill. 2d 378, 450 N.E.2d 332, appeal after remand (1983), 119 Ill. App. 3d 1085, 457 N.E.2d 1291, rev’d in part (1984), 103 Ill. 2d 422.

As a result of the decision of the Illinois Supreme Court, a fund was created in the approximate aggregate amount of $2,100,000. Moss & Bloomberg and the Will County State’s Attorney agreed to settle on attorney fees for $272,500, approximately 12.98% of the estimated fund. The fees settled on by the State’s Attorney and Moss & Bloomberg came to $250 an hour for 1090 hours billed. A notice issued from the trial court providing that a hearing was to be held on March 12, 1986, for determining whether the proposed orders were fair, reasonable, and adequate and should be finally approved by the court. Two objectors, representing 13% of the fund, filed objections prior to the March 12 hearing. Subsequently Moss & Bloomberg and the parties agreed to settle the fee claim for $218,000, which amounted to $200 an hour.

On March 18, 1986, the Will County Bar Association appeared before the trial court and filed a petition to intervene as amicus curiae. Thereafter the court refused to approve the reasonableness of the settlement reached on the fee issue. Moss & Bloomberg’s motions for change of venue and objection to the partisan nature of the amicus curiae were denied.

On May 27, 1986, the trial judge determined that a trial was needed to settle the fees issue. At the trial the judge concluded that because the Will County case was merely one of four cases, and not the lead case, the amounts paid to Moss & Bloomberg had already rewarded them adequately for the contingent nature of the case. Moss & Bloomberg had previously received $200 an hour for a total of $575,000 in the Du Page County case, $240 an hour for a total of $428,000 in the Cook County case, and was to receive $381 an hour for a total of $376,000 in the Lake County case. Although the trial court recognized that substantial future benefits would accrue to the taxing bodies, it found that the benefit arose mainly due to the Du Page County case, where most of the litigation really took.place. Because of the court’s determination that the cases in Lake, Cook, Du Page, and Will counties were part of a single piece of litigation, it held that the common legal issues essential to the entire litigation package had been accounted for and reimbursed adequately in the previously settled fee cases.

The Will County trial court ultimately held that 809 hours were spent on the case rather than the 1090 hours that Moss & Bloomberg had asserted. It set the appropriate rate at $90 an hour. For the 550 hours put in on the case prior to this court’s November 5, 1982, decision, the firm was given a multiplier of two, which amounted to $90,900. For the portion of the litigation occurring subsequent to this court’s decision, the firm was awarded no multiplier and the court held that 259 hours had been expended. The total judgment came to $114,210.

Moss & Bloomberg appeals the trial court’s decision to order a full adversarial trial on the fees issue rather than a settlement hearing. The firm also contends that the court’s finding on the fee amount was in error.

Initially, we hold that the trial court’s decision to hold a trial on the fees issue was proper. The fee taken in a class action is dependant upon the court’s sound discretion, and the trial permitted development of evidence by cross-examination and resolution of the factual disputes likely to arise.

The Illinois Supreme Court has discussed the elements that ought to be considered in awarding fees to the plaintiff’s attorneys who have succeeded in recovering a fund for the benefit of the class that they represent. Leader v. Cullerton (1976), 62 Ill. 2d 483, 343 N.E.2d 897; Fiorito v. Jones (1978), 72 Ill. 2d 73, 377 N.E.2d 1019.

• 2 Analysis of both Leader and Fiorito indicates the court should consider the following criteria in fixing the appropriate hourly charge for services rendered in each specific case:

(1) the skill and qualifications of the attorneys;
(2) the nature of the services performed;
(3) the complexity of the undertaking; and,
(4) the hourly fee charged for similar services by attorneys with similar skills and qualifications.

The hourly rates determined by the court are then to be multiplied by the number of hours expended, and the product obtained is referred to as the “lodestar computation.”

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Cite This Page — Counsel Stack

Bluebook (online)
506 N.E.2d 1044, 154 Ill. App. 3d 395, 107 Ill. Dec. 153, 1987 Ill. App. LEXIS 2311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-commissioners-of-bolingbrook-park-district-v-county-of-will-illappct-1987.