PEOPLE EX REL. MORIARTY v. RUTTER

No. 3-84-0303.

129 Ill. App.3d 867 (1985)

473 N.E.2d 569

THE PEOPLE ex rel. DENNIS MORIARTY et al., Plaintiffs-Appellants, v. WILLIAM R. RUTTER, Superintendent of the Valley View Public Schools Community Unit District No. 365-U, et al., Defendants-Appellees.

Appellate Court of Illinois — Third District.

Opinion filed January 7, 1985.


Attorney(s) appearing for the Case

Terence M. Heuel and Nicholas F. Esposito, both of Leake, Esposito & Heuel, of Chicago, for appellants.

Edward M. Petka, State's Attorney, of Joliet (John X. Breslin, of State's Attorneys Appellate Service Commission, of counsel), for appellee County of Will.

Barry L. Moss and George A. Marchetti, both of Moss & Bloomberg, Ltd., of Bolingbrook, for appellee Valley View Community Unit School District No. 365-U.


Judgment affirmed.

PRESIDING JUSTICE HEIPLE delivered the opinion of the court:

This is the second time plaintiff-taxpayers have brought an appeal to this court. We originally dismissed this class action for failure to exhaust administrative remedies under the Revenue Act of 1939 (Ill. Rev. Stat. 1981, ch. 120, par. 675). (People ex rel. Moriarty v. Rutter (1983), 118 Ill.App.3d 1166 (Rule 23 order).) Plaintiffs now appeal the denial of their petition...

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