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PEOPLE EX REL. BOSWORTH v. LOWEN

Nos. 58718, 58719, 58725 cons.

102 Ill.2d 242 (1984)

464 N.E.2d 1053

THE PEOPLE ex rel. KENT BOSWORTH, County Treasurer, et al., Appellants, v. EARL LOWEN et al., Appellees. — THE PEOPLE ex rel. KENT BOSWORTH, County Treasurer, et al., Appellants, v. EARL LOWEN et al., Appellees. — VALLEY VIEW COMMUNITY UNIT SCHOOL DISTRICT NO. 365U et al., Appellants, v. THE DEPARTMENT OF REVENUE et al., Appellees.

Supreme Court of Illinois.

Opinion filed May 25, 1984.

Attorney(s) appearing for the Case

Barry L. Moss and George A. Marchetti, of Moss & Bloomberg, Ltd., of Bolingbrook, Edward M. Petka, State's Attorney, of Joliet, and John X. Breslin, of the State's Attorneys Appellate Service Commission, of Ottawa, for appellants.

Herschbach, Tracy, Johnson, Bertani & Wilson, of Joliet (John L. O'Brien and Wayne R. Johnson, of counsel), for appellee Citizens Utilities Company.

Kenneth E. Timm and Douglas F. Spesia, of Murphy, Timm, Lennon, Spesia & Ayers, of Joliet, for intervenor-appellee Commonwealth Edison Company.

Neil F. Hartigan, Attorney General, of Springfield (Leslie J. Rosen, Assistant Attorney General, of Chicago, of counsel), for appellee the Department of Revenue et al.

Pfeifer & Kelty, P.C., of Springfield, for amicus curiae Illinois Municipal League.

Judgments affirmed.

JUSTICE GOLDENHERSH delivered the opinion of the court:

In these consolidated appeals plaintiff, Kent Bosworth, county treasurer and ex officio collector of Will County, and intervenor Valley View Community Unit School District No. 365U (hereafter plaintiffs), challenged the validity of section 21a-3 of the Revenue Act of 1939 (Ill. Rev. Stat. 1981, ch. 120, par. 502a-3). In Docket No. 58718 the plaintiff collector made application...

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