CALUMET TRANSFER v. PROPERTY TAX APPEAL BD.

Nos. 1-08-3291, 1-08-3292.

929 N.E.2d 139 (2010)

CALUMET TRANSFER, LLC, Petitioner-Appellant, v. The PROPERTY TAX APPEAL BOARD; The Cook County Board of Review; and the Chicago Board of Education, Respondents-Appellees.

Appellate Court of Illinois, First District, Sixth Division.

May 14, 2010.


Attorney(s) appearing for the Case

Michael J. Wynne and Timothy E. Wieher of Reed Smith LLP, and David C. Dillon of Dillon & Nash, Ltd., Chicago, for Appellant.

Lisa Madigan, Attorney General; Michael A. Scodro, Solicitor General; and Ann C. Chalstrom, Assistant Attorney General, Chicago, for Appellee Property Tax Appeal Board.

Anita Alverez, State's Attorney of Cook County, Chicago (Patrick T. Driscoll, Jr., Deputy State's Attorney, Chief Civil Actions Bureau; Joel D. Buikema, Marie E. Smuda and Tatia C. Gibbons, Assistant State's Attorneys, of Counsel), for Appellee Cook County Board of Review.


Presiding Justice CAHILL delivered the opinion of the court:

Petitioner, Calumet Transfer, LLC, appeals two final orders by respondent, the Illinois Property Tax Appeal Board (PTAB). Petitioner argues PTAB erred as a matter of law in holding that the sale of property through bankruptcy defeats the presumption that the sale was "in the due course of business and trade, not under duress, between a willing buyer and a willing seller" (at arm's length) (35 ILCS 200/1...

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