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STARK MATERIALS CO. v. ILL. DEPT. OF REV.

No. 4-03-0114.

812 N.E.2d 362 (2004)

349 Ill.App.3d 316

285 Ill.Dec. 542

STARK MATERIALS COMPANY, INC., an Illinois Corporation, Plaintiff-Appellant, v. The ILLINOIS DEPARTMENT OF REVENUE; Glen L. Bower, Director of the Illinois Department of Revenue; and Judy B. Topinka, Treasurer of the State of Illinois, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Decided May 12, 2004.

Attorney(s) appearing for the Case

David A. Hughes (argued), Horwood, Marcus & Berk, Chtd., Chicago, for Stark Materials Co., Inc.

Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, Jerald S. Post, Assistant Attorney General (argued), Chicago, for Illinois Department of Revenue.

Justice McCULLOUGH delivered the opinion of the court:

On March 18, 1999, plaintiff, Stark Materials Company, Inc., brought an action against, inter alios, the Illinois Department of Revenue (Department) for declaratory judgment, pursuant to sections 2a and 2a.1 of the State Officers and Employees Money Disposition Act (Protest Monies Act) (30 ILCS 230/2a, 2a.1 (West 1998)), seeking recovery of tax monies paid, under protest, pursuant to the Retailers' Occupation...

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