ILCS » Chapter 740 · Act 70
Illinois Compiled Statutes

740 ILCS 70/4.5 (2026)

Costs and fees

✓ current as of May 2026
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(740 ILCS 70/4.5)
    Sec. 4.5. Costs and fees. In any nuisance action in which a farming operation is alleged to be a nuisance, a prevailing defendant shall recover the aggregate amount of costs and expenses determined by the court to have been reasonably incurred in the defense of the nuisance action, together with a reasonable amount for attorney fees. For the purposes of this Section, a prevailing defendant is a defendant in a lawsuit in whose favor a final court order or judgment is rendered. A defendant shall not be considered to have prevailed if, prior to a final court order or judgment, he or she enters into a negotiated settlement agreement or takes any corrective or other action that renders unnecessary a final court order or judgment.
(Source: P.A. 89-256, eff. 1-1-96.)

    
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2020–2023 · leading case: Marsh v. Sandstone North, LLC, 2020 IL App (4th) 190314 (Ill. App. Ct. 2020).
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Marsh v. Sandstone North, LLC, 2020 IL App (4th) 190314 (Ill. App. Ct. 2020). · cites it 6× “5 of the Farm Nuisance Suit Act (Act) (740 ILCS 70/4.5 (West 2014)). We reverse the court’s denial of defendants’ motion for reasonable attorney fees and remand with directions that the court grant the motion and enter an appropriate fee award.”
Marsh v. Sandstone North, LLC, 2020 IL App (4th) 190314 (Ill. App. Ct. 2020). · cites it 5× “5 of the Farm Nuisance Suit Act (Act) (740 ILCS 70/4.5 (West 2014)). We reverse the court’s denial of defendants’ motion for reasonable attorney fees and remand with directions that the court grant the motion and enter an appropriate fee award.”
Marsh v. Middleton, 2023 IL App (4th) 230094-U (Ill. App. Ct. 2023). · cites it 2× “5 of the Farm Act, which provides the following regarding attorney fees: “In any nuisance action in which a farming operation is alleged to be a nuisance, a prevailing defendant shall recover the aggregate amount of costs and expenses determined by the court to have been…”
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