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IN RE APPLICATION OF COUNTY TREASURER

No. 4-99-0119.

717 N.E.2d 530 (1999)

307 Ill. App.3d 350

240 Ill.Dec. 437

In the Matter of the APPLICATION OF the COUNTY TREASURER AND EX OFFICIO COUNTY COLLECTOR for judgment of sale against lands and lots returned delinquent for nonpayment of general taxes for the year 1994 and prior years (Dennis D. Ballinger, Respondent-Appellant).

Appellate Court of Illinois, Fourth District.

Decided September 7, 1999.

Attorney(s) appearing for the Case

John Barr (argued), Barr & Barr, Decatur, for Dennis D. Ballinger.

Lawrence R. Fichter, State's Attorney, Decatur, Norbert J. Goetten, Director, State's Attorneys Appellate Prosecutor, Springfield, John X. Breslin, Deputy Director (David P. Edwards, of counsel), State's Attorneys Appellate Prosecutor, Ottawa, for Macon County Treasurer.

Justice STEIGMANN delivered the opinion of the court:

In March 1998, respondent, Dennis Ballinger, was served with a "take notice" informing him that certain of his real estate had been sold to the Macon County trustee (Trustee) for delinquent taxes. Ballinger timely filed a redemption under protest on the ground that the take notice was not properly served. In January 1999, upon the Trustee's motion, the trial court dismissed Ballinger's redemption under protest...

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