CITY OF CHICAGO v. ELM STATE PROPERTY LLC

Nos. 1-15-2552, 1-15-2553 cons.

2016 IL App (1st) 152552

THE CITY OF CHICAGO, a Municipal Corporation, Through Its Department of Finance, Plaintiff-Appellee, v. ELM STATE PROPERTY LLC, and THE CITY OF CHICAGO DEPARTMENT OF ADMINISTRATIVE HEARINGS, Defendants-Appellants. THE CITY OF CHICAGO, a Municipal Corporation, Through Its Department of Finance, Plaintiff-Appellee, v. HALSTED WEST, LLC, and THE CITY OF CHICAGO DEPARTMENT OF ADMINISTRATIVE HEARINGS, Defendants-Appellants.

Appellate Court of Illinois, First District, Fourth Division.

Filed December 22, 2016.


Attorney(s) appearing for the Case

Kimberly A. Jansen and Joshua G. Vincent , of Hinshaw & Culbertson LLP, of Chicago, for appellants.

Stephen R. Patton , Corporation Counsel, of Chicago ( Benna Ruth Solomon , Myriam Zreczny Kasper , and Stephen G. Collins , Assistant Corporation Counsel, of counsel), for appellee.

Christopher W. Carmichael and Darren H. Goodson , of Holl and & Knight LLP, and J. Timothy Eaton and Kim R. Walberg , of Taft Stettinius & Hollister, LLP, both of Chicago, for amicus curiae.

Presiding Justice Ellis and Justice Burke concurred in the judgment and opinion.


OPINION

¶ 1 The city of Chicago has imposed a tax "upon the privilege of transferring title to, or beneficial interest in, real property located in the city," known as the City of Chicago Real Property Transfer Tax Ordinance (transfer tax). Chicago Municipal Code §...

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