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Alpha Gamma Rho Alumni v. People ex rel Boylan

June 20, 2001

ALPHA GAMMA RHO ALUMNI; MARK E. ANDERSON; WILLIE ANDERSON; APARTMENT MART, INC.; VICTOR ARMSTRONG; STEPHANIE ANN BAKER; CHARLES G. BEELER; BLOOMINGTON FARM MANAGEMENT; BRIDGESTONE/FIRE STONE; BROCK OIL; C. EUGENE BURWELL; JOHN B. BUSCHER; KENNETH BUSH; DANVERS FARMERS ELEVATOR; JOHN DEFFNER; ROBERT DENNISON; EUREKA COMPANY; F.F.G. AGRIVEST; JAMES L. FANNIN; FIRST OF AMER ICA; DONALD R. FRANKE; FUNKS GROVE GRAIN COMPANY; GROWMARK, INC.; DANIEL HARMS; ROSE HARMS; DARRELL HARTWEG; HERITAGE ENTERPRISES, INC.; MARK HICKS; HICKSATOMIC STATIONS, INC.; HICKSGAS BLOOMINGTON, INC.; HICKSGAS COLFAX, INC.; KURT HOEFERLE; MARTIN L. HOGAN; R. MICHAEL HUNDMAN; LESA HUNDMAN; JEFFERY HUNT; JOHN KAUFFMAN; ANNA BLANCHE CUSEY KUNTZ; LAESCH DAIRY COMPANY; TIM LEMAN; JOHN R. LUEDTKE; MAGIRL SUPPLY COMPANY; MICHAEL MCCLAIN; MCKEY AND ROEGGE, INC.; DAVID H. MILLER; NAPA; O.K. APPLIANCE; DANIEL O'BRIEN; RICHARD OWEN; PARKWAY MITSUBISHI; CURT PIERCY; JOSEPH L. POIRIEZ; PONTIAC HICKSGAS, INC.; REDBIRD APARTMENT MANAGEMENT, INC.; DEL BERT RENGEL; VIRGINIA RENGEL; GORDON J. SCHERBER; DAVID SEVERINO; SHIRLEY OIL AND SUPPLY COMPANY; ARLEN P. SIEG; CLEVELAND SMITH; JACK O. SNYDER; SPRINGWOOD ASSOCIATES, LP; ALICE STRUBHAR; J. MICHAEL STRUBHAR; JEAN R. STUBBLEFIELD; GIAN C. SUD; SUNRAY PORK, LTD.; DON SUTTON; RALPH T. TURNER; UNION AUTOMOBILE INSURANCE; DAVID WEAVER; STEPHEN G. WHITE; CHARLES WILLIAMS; WALLACE L. YODER; YOUNG AMERICA REALTY, PLAINTIFFS-APPELLANTS,
v.
THE PEOPLE OF THE STATE OF ILLINOIS EX REL. JAMES BOYLAN, COUNTY TREASURER AND EX OFFICIO COUNTY COLLECTOR OF TAXES FOR MCLEAN COUNTY, ILLINOIS;
BLOOMINGTON/NORMAL AIRPORT AUTHORITY; BLOOMINGTON/NORMAL WATER RECLAMATION DISTRICT; THE TOWN OF THE CITY OF BLOOMINGTON; RANDOLPH TOWNSHIP; RANDOLPH TOWNSHIP FIRE PROTECTION DISTRICT; HEYWORTH PUBLIC LIBRARY DISTRICT; BLOOMINGTON CEMETERY DISTRICT; THE TOWN OF RANDOLPH; OLYMPIA COMMUNITY SCHOOL DISTRICT #16; LEXINGTON COMMUNITY UNIT SCHOOL DISTRICT #7; COMMUNITY UNIT SCHOOL DISTRICT #5 OF MCLEAN AND WOODFORD COUNTIES; GIBSON CITY-MELVIN-SIBLEY COMMUNITY UNIT SCHOOL DISTRICT #5E; HEARTLAND COMMUNITY COLLEGE DISTRICT #540; THE CITY OF BLOOMINGTON; MT. HOPE-FUNKS GROVE LIBRARY DISTRICT; HUDSON COMMUNITY FIRE PROTECTION DISTRICT; THE TOWN OF NORMAL; THE NORMAL PUBLIC LIBRARY; LAWNDALE TOWNSHIP; MCLEAN COUNTY; ALLIN TOWNSHIP; ANCHOR TOWNSHIP; ARROWSMITH TOWNSHIP; BLOOMINGTON TOWNSHIP; BLUE MOUND TOWNSHIP; CHENEY'S GROVE TOWNSHIP; CHENOA TOWNSHIP; CROOPSEY TOWNSHIP; DALE TOWNSHIP; DANVERS TOWNSHIP; DAWSON TOWNSHIP; DOWNS TOWNSHIP; DRY GROVE TOWN SHIP; FUNKS GROVE TOWNSHIP; GRIDLEY TOWNSHIP; HUDSON TOWNSHIP; LAWNDALE TOWNSHIP; LEXINGTON TOWNSHIP; MONEY CREEK TOWNSHIP; MARTIN TOWNSHIP; OLD TOWN TOWNSHIP; TOWANDA TOWNSHIP; WEST TOWNSHIP; WHITE OAK TOWNSHIP; YATES TOWNSHIP; ALLIN-DALE MULTI TOWNSHIP; ARROWSMITH-DAWSON MULTI TOWNSHIP; BELLFLOWER-CHENEY'S GROVE-WEST MULTI TOWNSHIP; BLUE MOUND-MARTIN MULTI TOWNSHIP; DOWNS-OLD TOWN MULTI TOWNSHIP; FUNKS GROVE-MOUNT HOPE MULTI TOWNSHIP; LEXINGTON-MONEY CREEK MULTI TOWNSHIP; ALLIN ROAD AND BRIDGE DISTRICT; ANCHOR ROAD AND BRIDGE DIS TRICT; ARROWSMITH ROAD AND BRIDGE DIS TRICT; BELLFLOWER ROAD AND BRIDGE DIS TRICT; BLOOMINGTON ROAD AND BRIDGE DISTRICT; BLUE MOUND ROAD AND BRIDGE DISTRICT; CHENEY'S GROVE ROAD AND BRIDGE DISTRICT; CHENOA ROAD AND BRIDGE DISTRICT; CROPSEY ROAD AND BRIDGE DISTRICT; DALE ROAD AND BRIDGE DISTRICT; DANVERS ROAD AND BRIDGE DISTRICT; DAWSON ROAD AND BRIDGE DISTRICT; DOWNS ROAD AND BRIDGE DISTRICT; DRY GROVE ROAD AND BRIDGE DISTRICT; EMPIRE ROAD AND BRIDGE DISTRICT; FUNKS GROVE ROAD AND BRIDGE DISTRICT; GRIDLEY ROAD AND BRIDGE DISTRICT; HUDSON ROAD AND BRIDGE DISTRICT; LAWNDALE ROAD AND BRIDGE DISTRICT; LEXINGTON ROAD AND BRIDGE DISTRICT; MARTIN ROAD AND BRIDGE DISTRICT; MONEY CREEK ROAD AND BRIDGE DISTRICT; MOUNT HOPE ROAD AND BRIDGE DISTRICT; OLD TOWN ROAD AND BRIDGE DISTRICT; TOWANDA ROAD AND BRIDGE DISTRICT; WEST ROAD AND BRIDGE DISTRICT; WHITE OAK ROAD AND BRIDGE DISTRICT; YATES ROAD AND BRIDGE DISTRICT; THE VILLAGE OF ANCHOR; THE VILLAGE OF BELLFLOWER; THE VILLAGE OF CARLOCK; THE CITY OF CHENOA; THE VILLAGE OF COLFAX; THE VILLAGE OF DANVERS; THE VILLAGE OF GRIDLEY; THE CITY OF LEXINGTON; THE VILLAGE OF MC LEAN; THE ALLIN FIRE PROTECTION DISTRICT; THE BLOOMINGTON FIRE PROTECTION DISTRICT; THE CARLOCK FIRE PROTECTION DISTRICT; THE CHENOA FIRE PROTECTION DISTRICT; THE DALE FIRE PROTECTION DISTRICT; THE DANVERS FIRE PROTECTION DISTRICT; THE DOWNS FIRE PROTECTION DISTRICT; THE EL PASO FIRE PROTECTION DISTRICT; THE FARMER CITY FIRE PROTECTION DISTRICT; THE GRIDLEY FIRE PROTECTION DISTRICT; THE LEROY FIRE PROTECTION DISTRICT; THE LEXINGTON FIRE PROTECTION DISTRICT; THE NORTHERN PIATT FIRE PROTECTION DISTRICT; THE OCTAVIA FIRE PROTECTION DISTRICT; THE TOWANDA FIRE PROTECTION DISTRICT; THE GOLDEN PRAIRIE LIBRARY DISTRICT; THE GRIDLEY LIBRARY DISTRICT; THE HUDSON AREA LIBRARY DISTRICT; THE LEXINGTON LIBRARY DISTRICT; THE TOWANDA LIBRARY DISTRICT; THE WHITE OAK LIBRARY DISTRICT; THE MOUNT HOPE COMMUNITY BUILDING; THE ALLIN CEMETERY DISTRICT; THE ALLIN TOWNSHIP PARK DISTRICT; THE CHENOA PARK DISTRICT; THE LEROY COMMUNITY PARK DISTRICT; THE LEXINGTON PARK DISTRICT; THE OCTAVIA PARK DISTRICT; AND THE DANVERS TOWNSHIP WATER AUTHORITY, DEFENDANTS-APPELLEES.



Appeal from Circuit Court of McLean County No. 95TX1(30) Honorable Ronald C. Dozier, Judge Presiding.

The opinion of the court was delivered by: Justice McCULLOUGH

Plaintiffs paid 1994 real-estate taxes under protest and filed objections to the levies of several units of local government in McLean County. Part of plaintiffs' complaint alleged that 73 taxing districts accumulated improper surpluses, invalidating their property-tax levies.

Defendants filed motions to dismiss, which the trial court granted at an April 24, 1996, hearing. The trial court ruled that plaintiffs had to follow the formula in Central Illinois Public Service Co. v. Miller, 42 Ill. 2d 542, 248 N.E.2d 89 (1969), and that formula needed to be applied on a fund-by-fund basis. The trial court granted leave for plaintiffs to amend their complaint. After plaintiffs filed amended objections, both plaintiffs and defendants filed motions for summary judgment on the issue of excess accumulation. At an October 31, 1996, hearing, the trial court granted summary judgment to defendants as to funds with an accumulated surplus below the Miller guidelines and as to other funds when defendants filed affidavits justifying the surplus.

On July 28, 2000, the trial court approved the parties' stipulation setting forth the amount of tax to be refunded by each taxing entity. The trial court then ordered the county collector to refund $21,913.86 plus interest. On August 25, 2000, plaintiffs filed a notice of appeal, stating that plaintiffs were appealing: "from portions of the [f]inal [o]rder entered *** July 28, 2000, in the following particulars:

1. The trial court's order on April 24, 1996, granting the dismissal of all of [plaintiffs'] allegations of unlawful accumulation of surplus funds in [f]iremen's [p]ension [f]unds, [p]olicemen's [p]ension [f]unds, the Illinois Retirement Fund, Social Security, and Medicare;

2. The trial court's order on April 24, 1996, granting the dismissal of [plaintiffs'] allegations of unlawful accumulation of surplus funds in the levies of the home-rule municipalities of the Town of Normal and the City of Bloomington;

3. The trial court's order on October 31, 1996, granting summary judgment in favor of the following taxing districts on the issue of illegal accumulation of surplus funds:

Funks Grove Township (Town Fund)

Lexington Township (Town Fund)

Money Creek Township (Town Fund)

White Oak Township (General Assistance Fund)

Lexington Community Fire Protection District (Operation Fund)

City of Chenoa (General Assistance Fund)."

On November 2, 2000, plaintiffs' attorney made a motion in this court to amend the notice of appeal "to include a couple of additional issues to be appealed." We allowed the motion, and plaintiffs filed an amended notice of appeal, substituting the ...


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