CAVANAGH v. CITY OF SPRINGFIELD

No. 4-05-0764.

848 N.E.2d 111 (2006)

364 Ill. App.3d 657

302 Ill.Dec. 111

Thomas K. CAVANAGH, County Treasurer and Ex-Officio County Collector; The Sangamon County Board of Health; and Sangamon County, Plaintiffs-Appellees, v. The CITY OF SPRINGFIELD, Illinois, a Municipal Corporation, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Decided April 12, 2006.


Attorney(s) appearing for the Case

Jenifer L. Johnson, Corporation Counsel, Jason A. Anselment, Assistant Corporation Counsel (argued), Springfield, for City of Springfield.

John P. Schmidt, State's Attorney, Dwayne A. Gab (argued), Assistant State's Attorney, J. William Roberts, Charles R. Schmadeke, Hinshaw & Culbertson, LLP, Springfield, for Thomas Cavanagh Co., County Treasurer and Ex-Officio County Collector.


Justice APPLETON delivered the opinion of the court:

To fund its health department, Sangamon County levies a tax on all property in the county, including property in the City of Springfield. The city, however, has its own health department. On the authority of section 5-25011 of the Counties Code (55 ILCS 5/5-25011 (West 2004)), the city demanded from the county the entire amount of taxes the county had levied on property within the city for the support of the county...

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