Appeal from the Circuit Court of Lake County. No. 90--TX--4, Honorable Peter M. Trobe, Judge, Presiding.
Released for Publication June 11, 1996.
The Honorable Justice Colwell delivered the opinion of the court: Bowman and Rathje, JJ., concur.
The opinion of the court was delivered by: Colwell
JUSTICE COLWELL delivered the opinion of the court:
Objectors, A.S. Industrial Properties, et al. (Objectors), appeal the trial court's order, finding that the petitioner, the treasurer and collector of Lake County (Lake County), did not abuse his discretion in making a property tax levy for the General Corporate Fund (General Fund) for the fiscal year 1989. Objectors contend on appeal that there was no need for Lake County to levy taxes for this period and that the taxes levied and collected resulted in an unreasonable and unneeded accumulation of funds in the General Fund. We affirm.
The Objectors are 35 entities and individuals who paid their fiscal year 1989 real property taxes under protest in 1990. The Objectors filed objections to a variety of county, township, and fire protection district funds. The objections were settled by agreement of the parties, with the exception of the General Fund. The circuit court of Lake County held a hearing on the objection to the General Fund on March 2, 1995. The Objectors sought a refund of fiscal year 1989 real property taxes of $266,942.18. The Objectors' basis for the General Fund objection is that "the amount levied and rate extended *** is excessive as shown by the Annual Financial Report of the County Auditor of Lake County, Illinois for the fiscal year ending November 30, 1989."
The Lake County comprehensive annual financial report for the 1989 year contains the following information with respect to the General Fund for the fiscal year 1989 (FY1989):
Revenues received during FY1989:
Property taxes, net (collected 1988 taxes) $2,142,813
All other sources 35,795,403
Total revenues for FY1989.... 37,938,216
December 1, 1988, beginning balance 18,163,672
Total funds available for FY1989.... 56,101,888
Expenditures for FY1989: ...