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White v. Board of Appeals

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eBook details

  • Title: White v. Board of Appeals
  • Author : Supreme Court of Illinois
  • Release Date : January 20, 1970
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

The plaintiff, Claron N. White, brought an action in the circuit court of Cook County against the Board of Appeals seeking
a direct review by that court of the Board's assessment of certain real property for 1966. The complaint alternatively requested
relief from the assessment under the Administrative Review Act and also asked that a writ of mandamus be issued to compel
the Board to conduct its hearings in conformity with certain statutory requirements. This original complaint of three counts
was subsequently amended to include assessments made for the same property of the plaintiff for 1967 and 1968. The circuit
court allowed the defendant's motion to dismiss the complaint and, the revenue being involved, the plaintiff has brought his
appeal directly to this court. Ill. Rev. Stat. 1969, ch. 110A, par. 302(a). The plaintiff, after receiving notices of the assessor's valuation of his property, filed complaints for each of the years
in question with the Board of Appeals of Cook County and each year requested a hearing on his complaint. His challenge to
each assessment was that it was so excessive as to constitute a constructive fraud and a violation of the constitutional command
of uniformity of taxation. On February 16, 1967, the plaintiff was afforded a hearing which he charges did not conform to
the requirements of section 118 of the Revenue Act, since only one member of the Board was present. (Ill. Rev. Stat. 1969,
ch. 120, par. 599.) Later that day the plaintiff returned to the hearing room of the Board and requested a hearing before
both members of the Board of Appeals. A hearing before both members was held with respect to the 1966 assessment, after which
the Board ordered a small reduction in this assessment. Concerning his 1967 and 1968 assessments, the plaintiff later appeared
before the Board but refused the Board's offer of a hearing before both of its members. The Board ordered no change in the
assessments for these years. The only reason given by the plaintiff for declining the hearing was that the hearing would have
been illegal.


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