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ALLEGIS REALTY INVESTORS v. NOVAK

No. 2-04-0379.

827 N.E.2d 485 (2005)

356 Ill. App.3d 887

292 Ill.Dec. 956

ALLEGIS REALTY INVESTORS, et al., Plaintiffs-Appellants, v. John Lotus NOVAK, County Treasurer and ex-officio County Collector of Du Page County, Illinois, Defendant (Naperville Township Road District, Intervenor-Appellee).

Appellate Court of Illinois, Second District.

As Modified Upon Denial of Rehearing April 22, 2005.

Attorney(s) appearing for the Case

James A. Rooney, Paula L. Bilton, Rooney & Bilton, LLC, Chicago, for Allegis Realty Investors.

Richard J. Tarulis, Brooks, Adams & Tarulis, Naperville, for Naperville Township Road District.

Joseph E. Birkett, Du Page County State's Attorney, Anna B. Harkins, Assistant State's Attorney, Wheaton, for John Lotus Novak.

Modified Upon Denial of Rehearing

Justice McLAREN delivered the opinion of the court:

Plaintiffs, Allegis Realty Investors and other taxpayers in Du Page County, filed objections under section 23-10 of the Property Tax Code (35 ILCS 200/23-10 (West 1998)) to various taxes that several units of local government imposed in 1997. Only one objection is at issue here. The trial court granted summary judgment (735 ILCS 5/2-1005(c) (West 2002)) to intervenor, the...

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