MSA REALTY CORP. v. STATE OF ILL.

No. 92 C 3540.

794 F.Supp. 267 (1992)

MSA REALTY CORPORATION, an Indiana Corporation, Plaintiff, v. The STATE OF ILLINOIS; Jim Edgar, as Governor of the State of Illinois; Douglas Whitley, as Director of the Department of Revenue of the State of Illinois; Patrick Quinn, as Treasurer of the State of Illinois and Dawn Clark Netsch, as Comptroller of the State of Illinois, Defendants.

United States District Court, N.D. Illinois, E.D.

July 7, 1992.


Attorney(s) appearing for the Case

James H. Ryan, Kai Allen Nebel, Darryl R. Davidson, Mary Beth Snyder, Keck, Mahin & Cate, Chicago, Ill., for plaintiff.

Roland W. Burris, Illinois Atty. Gen., Louise M. Calvert, Asst. Atty. Gen., Revenue Litigation Div., Marita Sullivan, Asst. Atty. Gen., General Law Div., Chicago, Ill., for defendants.


ORDER

NORGLE, District Judge.

Before the court is defendants' motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure.1 The court grants the motion for the following reasons.

FACTS

In 1977, the State of Illinois adopted the Tax Increment Allocation Redevelopment Act, Ill.Rev.Stat. ch. 24, ¶ 11-74.4-1 et seq. (the "Act"), to promote redevelopment in blighted...

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