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NATIONAL PRIDE OF CHICAGO, INC. v. CITY OF CHICAGO

No. 1-88-3133.

562 N.E.2d 563 (1990)

150 Ill.Dec. 33

NATIONAL PRIDE OF CHICAGO, INC., Plaintiff-Appellant, v. CITY OF CHICAGO, a municipal corp., and Paul Berger, not individually, but as Director of the Department of Revenue of the City of Chicago, Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied November 19, 1990.

Attorney(s) appearing for the Case

Clausen, Miller, Gorman, Caffrey & Witous, P.C., Chicago (James T. Ferrini, Richard C. Clark, Peter E. Kanaris, Kevin J. Young and Edward M. Kay, of counsel), for plaintiff-appellant.

Kelly R. Welsh, Corp. Counsel of City of Chicago (Ruth M. Moscovitch and L. Anita Richardson, of counsel), for defendant-appellee.

Presiding Justice LaPORTA delivered the opinion of the court:

Plaintiff brought suit for declaratory relief and injunction against defendants, contending that the Chicago Transaction Tax should not apply to self-service car wash facilities such as those plaintiff operates. The suit sought a determination by statutory construction that Department of Revenue Ruling 8 is an erroneous interpretation of the Chicago Transaction Tax Ordinance (Chicago Municipal Code, §...

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