Excalibur Energy Company v. Rochman

Illinois Appellate Court
Civil Court
Tax Deeds
Citation
Case Number: 
2014 IL App (5th) 130524
Decision Date: 
Monday, August 18, 2014
District: 
5th Dist.
Division/County: 
Franklin Co.
Holding: 
Reversed and remanded with directions.
Justice: 
SCHWARM
(Court opinion corrected 8/22/14.) Plaintiff energy company filed complaint in ejectment claiming ownership to property and alleging that tax deed from which Defendant claimed ownership of same property was void from lack of notice to energy company's predecessor in title. Section 2-1401 of Code of Civil Procedure is the only vehicle for Plaintiff to vacate a tax deed. Complaint in ejectment is not a valid attack on tax deed, as Section 22-45 of Property Tax Code establishes three very limited ways to set aside a tax deed. (GOLDENHERSH and CATES, concurring.)