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

Case Date: 07/19/2002
Court: 1st District Appellate
Docket No: 1-00-3294 Rel

SIXTH DIVISION
July 19, 2002



No. 1--00--3294


U.S.G. ITALIAN MARKETCAFFE, L.L.C.,
doing business as Soprafina, and
THOMAS M. TUNNEY ENTERPRISES, LTD.,
doing business as Ann Sather Restaurants,

          Plaintiffs-Appellees,

v.

THE CITY OF CHICAGO and HUGH MURPPHY,
in his capacity as the Director of
Revenue of the City of Chicago, 

          Defendants-Appellants.

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) 		Appeal from the
Circuit Court of
Cook County.




No. 00 L 050208



The Honorable
Thomas P. Quinn.
Presiding Judges.


JUSTICE BUCKLEY delivered the opinion of the court:

Two restaurant owners, U.S.G. Italian Marketcaffe, L.L.C.,d/b/a Soprafina, and Thomas M. Tunney Enterprises, Ltd., d/b/a/ AnnSather Restaurants (the Restaurants), brought this action againstthe City of Chicago and Hugh Murphy, director of revenue of theCity of Chicago (collectively, the City), claiming that the City's litter tax ordinance (the Ordinance) (Chicago Municipal Code