Young v. Johnson 

Illinois Appellate Court
Civil Court
Property Taxes
Citation
Case Number: 
2011 IL App (2d) 110287
Decision Date: 
Thursday, December 29, 2011
District: 
2d Dist.
Division/County: 
De Kalb Co.
Holding: 
Affirmed.
Justice: 
JORGENSEN
Plaintiff filed appeal as to imposition and collection of special service area tax ("SSA tax") imposed on farmland which was to be developed into residential subdivision. Plaintiff challenged county collector's statutory sale of 2008 SSA tax. Court properly dismissed complaint, per Section 2-619, as foreclosure is not the exclusive remedy for failure to pay SSA taxes. Plaintiff does not have clear right to compel town or county to foreclose, and thus Plaintiff cannot establish a clear right to relief, which is required in mandamus actions. (BOWMAN and HUTCHINSON, concurring.)