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DOWNSTATE TAX PURCHASER ASS'N v. BEAN

No. 4-92-0221.

600 N.E.2d 1305 (1992)

234 Ill. App.3d 741

175 Ill.Dec. 847

DOWNSTATE TAX PURCHASER ASSOCIATION, a not for profit association, and Dennis D. Ballinger, Plaintiffs-Appellees, v. Stephen BEAN, as County Clerk of Macon County, Illinois, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

September 30, 1992.

Attorney(s) appearing for the Case

Lawrence R. Fichter, State's Atty., Decatur, Norbert J. Goetten, Director, State's Attorneys Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, and Elliott Turpin, Staff Atty., for defendant-appellant.

Barr & Barr, Decatur, for plaintiffs-appellees.

Justice LUND delivered the opinion of the court:

The dispute arises from that portion of section 253 of the Revenue Act of 1939 (Act) (Ill.Rev.Stat.1991, ch. 120, par. 734), which was amended (now section 253(c)(8) of the Act) and now provides:

"[I]ncluding (i) a fee of $35 if a petition for tax deed has been filed, which fee shall be posted to the tax judgement, sale, redemption, and forfeiture record, to be paid to the purchaser or his or her assignee;...

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