LINN v. DEPARTMENT OF REVENUE

Docket No. 4-12-1055.

2 N.E.3d 1203 (2013)

2013 IL App (4th) 121055

377 Ill. Dec. 922

Lewis LINN, as Trustee of the Autonomy Trust 3, Plaintiff-Appellant, v. The DEPARTMENT OF REVENUE; Brian Hamer, in His Official Capacity as Director of the Department of Revenue; and Dan Rutherford, in His Official Capacity as Treasurer of the State of Illinois, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

December 18, 2013.


Attorney(s) appearing for the Case

Fred O. Marcus (argued) and David S. Ruskin , both of Horwood Marcus & Berk Chtrd., of Chicago, and Alan Y. Ytterberg , of Ytterberg Deery Knull LLP, of Houston, Texas, for appellant.

Lisa Madigan , Attorney General, of Chicago ( Michael A. Scodro , Sollicitor General, and Evan Siegel (argued), Assistant Attorney General, of counsel), for appellees.


OPINION

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

¶ 1 In May 2007, plaintiff, Lewis Linn, as trustee of the Autonomy Trust 3, filed a verified complaint for declaratory and injunctive relief against defendants, the Department of Revenue (Department); Brian Hamer, as the Department's director; and Dan Rutherford, as the Illinois Treasurer. Plaintiff's complaint sought the return of an income-tax payment it had made under protest...

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