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RANDOLPH STREET GALLERY v. ZEHNDER

No. 1-00-0237.

735 N.E.2d 100 (2000)

315 Ill. App.3d 1060

248 Ill.Dec. 780

RANDOLPH STREET GALLERY, Plaintiff-Appellee, v. Kenneth E. ZEHNDER, Director, Illinois Department of Revenue, and Illinois Department of Revenue, Defendants-Appellants (Honorable Wilson Frost and Joseph Berrios, Commissioners, Cook County Board of Appeals, and Cook County Board of Appeals, Defendants).

Appellate Court of Illinois, First District, Third Division.

August 9, 2000.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Joel D. Bertochhi, Solicitor General, Michael A. Rakov, Assistant Attorney General (On Appeal), Chicago, for Appellants.

Winston & Strawn, Chicago (Jeffrey B. Frishman of counsel), for Appellee Randolph Street Gallery.

Justice WOLFSON delivered the opinion of the court:

In 1994 and 1995 Randolph Street Gallery (RSG), a non-profit corporation, served as a public forum for the contemporary arts and for art education activities. All well and good, said the Illinois Department of Revenue (the Department), but RSG is not entitled to real estate charitable tax exemptions for those years. On administrative review, the circuit court held the Department should have granted the exemptions...

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