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COOK CTY. BD. OF REVIEW v. PTAB

No. 1-01-3232.

803 N.E.2d 55 (2003)

345 Ill. App.3d 539

280 Ill.Dec. 825

The COOK COUNTY BOARD OF REVIEW, Petitioner-Appellant, v. The PROPERTY TAX APPEAL BOARD and The Lurie Company, Respondents-Appellees.

Appellate Court of Illinois, First District, Second Division.

December 16, 2003.

Attorney(s) appearing for the Case

Richard A. Devine, State's Attorney of Cook County, and Patrick Driscoll, Deputy State's Attorney, Chief, Civil Actions Bureau, Chicago (Whitney Carlisle, Michael Prinzi and Tatia Gibbons, Assistant State's Attorneys, of counsel), for Appellant.

James E. Ryan, Attorney General, Joel D. Bertocchi, Solicitor General, and Karen J. Dimond, Assistant Attorney General, Chicago, for Appellee Property Tax Appeal Board.

Leonard W. Golan, Patrick C. Doody and Matthew J. Cozzi, of Field & Golan, Chicago, for Appellee the Lurie Company.

David A. Epstein of David A. Epstein, Ltd., Chicago, Amicus the Chicagoland Chamber of Commerce, in support of appellees.

Justice CAHILL delivered the opinion of the court:

We address a Cook County Board of Review (the Board) appeal challenging a decision by the Illinois Property Tax Appeal Board (PTAB). The main question we consider is whether PTAB has the authority to expand the scope of a taxpayer's appeal to include issues never raised by the taxpayer before the Cook County Board of Review. In this case, PTAB ruled that responsive pleadings of the Board on appeal raised issues PTAB...

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