CHICAGO (CBS) – A battle is brewing Chief Judge Tim Evans and Cook Co. Board President Toni Preckwinkle.

In a rare move, the chief judge is suing.

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CBS 2’s Vince Gerasole picks up the story as business owners are celebrating.

Consumers are no longer paying the penny-an-ounce sweetened beverage tax at Cicero’s La Chiquita market.

Owner Martin Sandoval is relieved.

“I am ecstatic. I am happy,” says Martin Sandoval. “I can sleep at night.”

Sandoval worried about his workers as the store’s sugary drink sales went down 25%, and overall sales dropped by 10% with many consumers shopping outside the county.

“We’d have to start thinking about laying people off and cutting hours,” says Sandoval.

Retail and restaurant associations, along with several Cook County commissioners celebrated at the store.

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“This tax from day one was a tax on working class families,” says Cook County Commissioner Richard Boykin.

But complications were still bubbling to the surface.

The repeal leaves a 200 million dollar gap in the county’s budget.

That lead to the approved layoffs of 328 county workers. 156 of those positions come from the courts.

Late Thursday Chief Judge Timothy Evans sued Board President Toni Preckwinkle saying she does not have the authority to cut jobs in his department.

However court proceedings were postponed Friday after lawyers from the Cook County State’s Attorney’s office argued representation of Preckwinkle amounts to a conflict of interest.

They’ve been given until Tuesday to hire outside counsel.

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The remnants of the soda tax saga that fizzles on.