In re: The Application of the Douglas County Treasurer

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2014 IL App (4th) 130261
Decision Date: 
January 27, 2014
District: 
4th Dist.
Division/County: 
Douglas Co.
Justice: 
KNECHT
Holding: 
Affirmed and remanded with directions.
Petitioner purchased taxes due for 40-acre parcel of farmland, and acquired a tax deed two years later. Respondents filed petition for relief from judgment alleging that purchaser failed to provide proper notice. Court properly granted summary judgment for Respondents. As Petitioner filed cross-motion for summary judgment, he conceded absence of factual issues; and he failed to file counteraffidavit in response to Respondents' four affidavits. Petitioner admitted all facts in affidavits, including that he failed to identify or contact heirs of deceased property owner, and that no one with ownership interest received notice of tax proceedings. Publication notice does not cure failure to conduct diligent inquiry.(POPE and STEIGMANN, concurring.)