CARLE FOUNDATION v. CUNNINGHAM TP.

Nos. 4-14-0795, 4-14-0845.

45 N.E.3d 1173 (2016)

399 Ill. Dec. 183

2016 IL App (4th) 140795

The CARLE FOUNDATION, an Illinois Not-for-Profit Corporation, Plaintiff-Appellee, v. CUNNINGHAM TOWNSHIP; Dan Stebbins, in His Official Capacity as Cunningham Township Assessor; and City of Urbana, Defendants-Appellants, and The Champaign County Board of Review; Elizabeth Burgener-Patton; Mark Whitsitt; Joseph Meents; Daniel J. Welch; and the County of Champaign, Separate Appellants, and The Department of Revenue; Brian Hamer, in His Official Capacity as Director of the Department of Revenue; and Dianne Hays, Defendants. The Carle Foundation, an Illinois Not-for-Profit Corporation, Plaintiff-Appellee, v. The Department of Revenue and Brian Hamer, Its Director, Defendants-Appellants, and The Champaign County Board of Review; Mark Whitsitt, Laura Sandefur, and Elizabeth Burgener-Patton, as Members of The Champaign County Board of Review; Joseph Meents, Champaign County Supervisor of Assessments; Cunningham Township; Dan Stebbins, Cunningham Township Assessor; Dan Stebbins, Cunningham Township Assessor; Daniel J. Welch, Champaign County Treasurer; the City of Urbana; Urbana School District 116; and the Urbana Park District, Defendants.

Appellate Court of Illinois, Fourth District.

January 5, 2016.


Attorney(s) appearing for the Case

Frederic M. Grosser (argued), Champaign, for appellants Cunningham Township, Dan Stebbins, and City of Urbana.

Lisa Madigan , Attorney General, Chicago ( Carolyn E. Shapiro , Solicitor General, and Carl J. Elitz (argued), Assistant Attorney General, of counsel), for appellants Department of Revenue and Brian Hamer.

Julia Rosenbaum Rietz , State's Attorney, Champaign ( Joel D. Fletcher (argued), Assistant State's Attorney, of counsel), for other appellants.

Steven F. Pflaum (argued), of Neal Gerber & Eisenberg LLP and Amy G. Doehring and Lisa Haidostian , both of McDermott Will & Emery LLP, Chicago, and William J. Brinkmann , of Thomas Mamer & Haughey, LLP, Champaign, for appellee.

John M. Izzo , Kimberly M. Jannotta , and Eugene C. Edwards , all of Hauser Izzo, LLC, Flossmoor, for amicus curiae.


OPINION

¶ 1 Plaintiff, The Carle Foundation, brought this action to establish that four of its properties were exempt from real estate taxation. The trial court granted a partial summary judgment that section 15-86 of the...

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