However, the court in Bowler did not distinguish the payment or taxing of attorneys' fees in terms of whether the government entity was functioning in a proprietary or governmental capacity. Thus, the City relies on Brink v. Hayes Branch Drainage Dist. of Douglas County, 59 Ill. App.3d 828, 17 Ill.Dec. 185, 376 N.E.2d 78 (1978), and Fischer v. Town of Albin, 258 Minn. 154, 104 N.W.2d 32 (1960), to support its position. In Brink, a construction company brought suit against a drainage district (district) for balances allegedly due under a contract for channel improvements. 59 Ill. App.3d at 829-31, 17 Ill.Dec. at 185, 376 N.E.2d at 78.

In any case, plaintiff's argument would not succeed. A municipal corporation is not liable for litigation costs which arise when the municipality is acting in its governmental capacity. ( Brink v. Hayes Branch Drainage District (1978), 59 Ill. App.3d 828, 833, 376 N.E.2d 78.) Even if costs were assessable, a party to an action has no constitutional right to avoid payment of filing costs. Whether a litigant is awarded costs from his adversary is generally within the discretion of the circuit court. ( Schuringa v. City of Chicago (1964), 30 Ill.2d 504, 519, 198 N.E.2d 326.) Defendant has not demonstrated that the circuit court's determination constituted an abuse of discretion.