Devyn Corporation v. The City of Bloomington, Illinois

Illinois Appellate Court
Civil Court
Municipalities
Citation
Case Number: 
2015 IL App (4th) 140819
Decision Date: 
Tuesday, September 15, 2015
District: 
4th Dist.
Division/County: 
McLean Co.
Holding: 
Affirmed.
Justice: 
HOLDER WHITE
Court filed amended complaint alleging Defendant City failed to comply with provisions of Tax Increment Allocation Redevelopment Act. Court properly entered summary judgment against Plaintiff for his counts seeking equitable accounting, as FOIA provided Plaintiff with adequate remedy at law; ledgers attached to certified annual financial reports provided information which Plaintiff sought. Court properly denied Plaintiff's request for further leave to amend complaint, as proposed amendment would not cure defects in pleadings; Defendant would sustain prejudice, as litigation had been pending for over 4 years; and proposed amendment was not timely. Court properly granted summary judgment for Defendant on declaratory action count, as City's "estimated date of completion" of redevelopment plan was an estimate only, not actual date of termination of tax district. Thus, City's actions of levying and collecting incremental taxes after the estimated date of completion and committing the District's funds were not unlawful. (KNECHT and STEIGMANN, concurring.)