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BALL v. VILLAGE OF STREAMWOOD

No. 1-95-2905.

665 N.E.2d 311 (1996)

Kevin BALL and May Kostelny, Plaintiffs-Appellees, v. VILLAGE OF STREAMWOOD, an Illinois municipal corporation, and David Richardson, Finance Director of the Village of Streamwood, Defendants-Appellants.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied May 24, 1996.

Attorney(s) appearing for the Case

Rock, Fusco, Reynolds, Crowe & Garvey, Ltd., Chicago (Brian L. Crowe, Kevin W. Horan, Mara S. Georges), for appellants.

Michael Kalland of the Law offices of Josette Skelnik, Elgin; Mark Schuster of Meyers, Schuster & Pitcher, P.C., Elgin, for appellees.

Justice GREIMAN delivered the opinion of the court:

Kevin Ball and May Kostelny (plaintiffs) are Village of Streamwood (Streamwood or the Village) residents and homeowners contesting the constitutionality of an exemption to Streamwood's real estate transfer tax (the tax). The tax, as amended, imposes on sellers of real property a $3 fee for every $1,000 of their property's purchase price (a home sold for $300,000 would incur a $900 tax). The challenged exemption relieves...

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