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06/23/88 In Re Application of the Cook County Treasurer For the

June 23, 1988

IN RE APPLICATION OF THE COOK COUNTY TREASURER FOR THE


Before considering the specific contentions of the taxpayers, it is necessary at least with respect to 1040 Hollywood's appeal to interpret the trial court's order denying relief in this cause. As previously stated, 1040 Hollywood filed a petition for leave to intervene in the 1969 application, to which it attached a motion requesting the court to vacate the non-final order in that case and grant 1040 Hollywood a hearing on the merits of the 1968 tax assessment. The trial court made no ruling on the petition to intervene, but instead denied what it characterized as 1040 Hollywood's petition for "a hearing on the merits." When questioned during oral argument as to the proper interpretation of the order, counsel for 1040 Hollywood urged us to treat the petition for leave to intervene as having been allowed and the motion to vacate the denial of the Objection 1 denied on the grounds that the taxpayer had no right to challenge the amount of the tax absent compliance with the statutory requirements for a taxpayer's objection. Because both 1040 Hollywood and Wimbledon admit that they are ultimately seeking a hearing on the merits of their respective tax liabilities, this appeal will be simplified if we accept 1040 Hollywood's interpretation of the order and proceed directly to a consideration of that issue.

APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION

1968, 1973, 1980 AND OTHER TAX YEARS (The People ex

rel. Edward J. Rosewell, Cook County Collector,

Applicant-Appellee, v.

1040 Hollywood Building Partnership et al.,

Petitioners-Appellants (Thomas C. Hynes, Assessor of

Cook County, Objector-Appellee; Wimbledon

Condominium Association,

Intervenor-Appellant))

No. 1-87-0277

526 N.E.2d 865, 172 Ill. App. 3d 192, 122 Ill. Dec. 472 1988.IL.986

Appeal from the Circuit Court of Cook County; the Hon. Eugene L. Wachowski, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE JIGANTI delivered the opinion of the court. LINN and ...


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