IP PLAZA, LLC v. BEAN

No. 4-11-0244.

963 N.E.2d 252 (2011)

357 Ill. Dec. 299

IP PLAZA, LLC, an Illinois Limited Liability Company, Plaintiff-Appellee, v. Stephen BEAN, in His Capacity as Macon County Clerk; and Macon County, Illinois, Defendants-Appellants, and Mt. Zion Community Unit School District No. 3, Macon County Mosquito Abatement District, Macon County Health Department, Macon County Mental Health Department, Macon County Conservation District, Long Creek Township, Macon County University of Illinois Extension, Long Creek Fire Protection District, Decatur Park District, Richland Community College No. 537, Sanitary District of Decatur, City of Decatur, Decatur Public Library, Eastgate Commons Tax Increment Financing District, and Stephen M. Grimm, in his Capacity as Macon County Treasurer, Defendants, and Stephen Bean, in His Capacity as Macon County Clerk; Daysa Miller, in Her Capacity as Macon County Supervisor of Assessments; and Macon County, Illinois, Counterplaintiffs-Appellants, v. The City of Decatur, Illinois; and IP Plaza, LLC, Counterdefendants-Appellees.

Appellate Court of Illinois, Fourth District.

November 3, 2011.


Attorney(s) appearing for the Case

John M. Myers (argued), Special Assistant State's Attorney, Rabin & Myers, P.C., Springfield, Jack Ahola , Macon County State's Attorney, Decatur, for appellant.

Christopher M. Ellis (argued), Timothy J. Tighe, Jr. , Bolen Robinson & Ellis, LLP, Decatur, Jack B. Teplitz , Jack B. Teplitz & Associates, Peoria, Brian M. Nemenoff , Attorney at Law, Peoria, for appellees.


OPINION

Presiding Justice TURNER delivered the judgment of the court, with opinion.

¶ 1 In March 2008, plaintiff, IP Plaza, LLC, filed a complaint for mandamus against defendant Stephen Bean, in his capacity as Macon County clerk, to compel Bean to certify the initial equalized assessed valuation (EAV) of certain real property under the Tax Increment Allocation Redevelopment Act (TIF Act) (65...

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