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07/14/89 In Re Application of the County Treasurer and Ex Officio

July 14, 1989

IN RE APPLICATION OF THE COUNTY TREASURER AND EX OFFICIO


APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION

COUNTY COLLECTOR OF COOK COUNTY FOR JUDGMENT AND

ORDER OF SALE AGAINST LANDS AND LOTS RETURNED

DELINQUENT FOR THE NONPAYMENT OF GENERAL

TAXES FOR 1979-1985 (Edward J.

Rosewell, Applicant-Appellant, v.

Phoenix Bond & Indemnity Company, Petitioner-Appellee)

542 N.E.2d 757, 186 Ill. App. 3d 597, 134 Ill. Dec. 411 1989.IL.1100

Appeal from the Circuit Court of Cook County; the Hon. Francis Barth, Judge, presiding.

APPELLATE Judges:

JUSTICE QUINLAN delivered the opinion of the court. EGAN, P.J., and LaPORTA, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE QUINLAN

The appellant, Edward J. Rosewell (Rosewell), county treasurer and ex officio county collector, appeals an order of the circuit court of Cook County requiring him to refund the costs paid and posted by appellees, various tax buyers, in a tax judgment, sale, redemption and forfeiture proceeding in connection with certain sales that were made in error. Rosewell contends that he is not required to refund those costs that appellees paid to third parties.

This is a consolidated appeal of four separate cases. In each of those cases, the appellees petitioned for a declaration that certain tax sales of property were sales in error under section 260 of the Illinois Revenue Act of 1939 (Ill. Rev. Stat. 1987, ch. 120, par. 741). The appellees also asked for a refund of the principal amount of the sale, any real estate taxes that they had paid, and any costs incurred in connection with the sale, along with 1 1/2% interest a month.

Specifically, appellee Phoenix Bond & Indemnity Company (Phoenix) asked that the sale of certain property be declared a sale in error by the trial court and that the court refund the purchase price of $100,045 for taxes from 1979-85, along with $7,396.48 paid for 1986 general taxes on the property. Phoenix also asked for a refund of $84 paid for the necessary filing with the clerk of the circuit court, a $23.35 mailing fee paid to the clerk of the circuit court, and ...


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