CONTINENTAL ILL. NAT'L BANK & TRUST CO. v. ZAGEL

Nos. 52339, 52366 cons.

78 Ill.2d 387 (1979)

401 N.E.2d 491

CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO et al., Petitioners, v. JAMES B. ZAGEL, Director of Revenue, et al., Respondents. — PAUL W. SWANSON et al., d/b/a Chapel Hill Properties, Petitioners, v. JAMES B. ZAGEL, Director of Revenue, et al., Respondents.

Supreme Court of Illinois.

Opinion filed November 21, 1979.


Attorney(s) appearing for the Case

Wayne W. Whalen, Scott J. Davis and James K. Genden, of Mayer, Brown & Platt, of Chicago, for petitioners Continental Illinois National Bank & Trust Co. and Central Illinois Light Co.

William I. Goldberg and Donald Page Moore, of Antonow & Fink, of Chicago, for petitioners Paul W. Swanson et al.

William J. Scott, Attorney General, of Springfield (Herbert L. Caplan, First Assistant Attorney General, and Jeremiah Marsh, Special Assistant Attorney General, of Chicago, of counsel), for respondents.

Bernard Carey, State's Attorney, of Chicago (Paul P. Biebel, Jr., Deputy State's Attorney, of counsel), for amicus curiae County of Cook.

William R. Quinlan, Corporation Counsel, of Chicago (Robert Retke, Assistant Corporation Counsel, and Lee J. Schwartz, Special Assistant Corporation Counsel, of counsel), for amicus curiae City of Chicago.

Joseph A. Power and Michael J. Murray, of Chicago (William J. Harte, of counsel), for amici curiae Chicago Park District and Board of Education of the City of Chicago.

R. Garrett Phillips, of Springfield, for amicus curiae Illinois Association of School Boards.

Thomas D. Nyhan, Robert C. Bonges and James J. Brennan, of Chicago (Pope, Ballard, Shepard & Fowle, of counsel), for amicus curiae Illinois State Chamber of Commerce.

DeJong, Poltrock & Giampeitro, of Chicago (Lawrence A. Poltrock, Wayne B. Giampietro and Gregory N. Freerksen, of counsel), for amicus curiae Illinois Federation of Teachers, AFL-CIO.


Injunction denied.

MR. JUSTICE UNDERWOOD delivered the opinion of the court:

Two original taxpayers' actions (Ill. Const. 1970, art. VI, sec. 4(a)) relating to revenue (see, e.g., People ex rel. Klinger v. Howlett (1972), 50 Ill.2d 242; People ex rel. Ogilvie v. Lewis (1971), 49 Ill.2d 476; Thorpe v. Mahin (1969),

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