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ILL. CLEAN ENERGY COMMUNITY FOUNDATION v. FILAN

No. 04-2277.

392 F.3d 934 (2004)

ILLINOIS CLEAN ENERGY COMMUNITY FOUNDATION, Plaintiff-Appellee, v. John B. FILAN, Director, Illinois Governor's Office of Management and Budget, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 22, 2004.

Attorney(s) appearing for the Case

Wilber H. Boies (argued), McDermott, Will & Emery, Chicago, IL, for Plaintiff-Appellee.

Michael L. Brody (argued), Winston & Strawn, Chicago, IL, for Defendant-Appellant.

Before POSNER, KANNE, and WILLIAMS, Circuit Judges.

POSNER, Circuit Judge.

This is a suit to enjoin the State of Illinois from enforcing a demand that the plaintiff foundation turn over $125 million of its assets to the state. This is not a tax, but a taking. Brown v. Legal Foundation of Washington, 538 U.S. 216, 233-35, 123 S.Ct. 1406, 155 L.Ed.2d 376 (2003). The district court granted summary judgment for the plaintiff, ruling that the demand if enforced would be a taking of...

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