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ESTATE OF CAREY v. VILLAGE OF STICKNEY

No. 78-433.

69 Ill. App.3d 539 (1979)

388 N.E.2d 120

ESTATE OF THOMAS CAREY et al., Plaintiffs and Counterdefendants-Appellees, v. THE VILLAGE OF STICKNEY, Defendant and Counterplaintiff-Appellant.

Appellate Court of Illinois — First District (1st Division).

Rehearing denied April 23, 1979.

Attorney(s) appearing for the Case

Donald J. Kreger, of Chicago (Friedman & Koven, of counsel), for appellant.

Edward M. White, of Carey, Filter & White, of Chicago, for appellees.

Reversed and remanded.

Mr. JUSTICE McGLOON delivered the opinion of the court:

Plaintiffs, Estate of Thomas Carey and Suburban Downs, Inc., filed suit for declaratory judgment, challenging an admission tax on racetracks levied by defendant Village of Stickney. The trial court granted plaintiffs' motion for summary judgment, concluding that the tax violated article VII, section 6(e)(2) of the Illinois Constitution. Defendant appeals, arguing that the tax was...

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