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Tuesday, October 2, 2018

Exclusive Remedy to Challenge Township Road Tax is Tax Objection Process


A citizen filed a lawsuit to challenge a road tax assessed by an Illinois township. The tax had been approved by residents at a special township meeting. The plaintiff claimed that the tax was illegal because it was imposed in violation of the state tax cap law (PTELL), and that the meeting at which it was approved was not properly noticed and township officials acted inappropriately. 

The circuit court dismissed the case, finding that plaintiff was required to file a tax objection complaint rather than pursue a class action lawsuit. Plaintiff appealed, and the appellate court also ruled against him, finding that the appropriate and exclusive remedy for plaintiff to challenge a tax is through the statutory tax-objection process. Since plaintiff did not avail himself of that procedure, the circuit court properly dismissed his case. Reno v. Newport Township, 2018 IL App (2d) 170967

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