Illinois County Treasurers' Association v. Hamer

Illinois Appellate Court
Civil Court
Declaratory Actions
Case Number: 
2014 IL App (4th) 130286
Decision Date: 
Tuesday, April 22, 2014
4th Dist.
Sangamon Co.
Reversed and remanded with directions.
County Treasurers' Association sued Department of Revenue and Comptroller, alleging they failed to pay county treasurers full amount of mandated annual stipends, which are considered part of county treasurers' salary, in 2010 and 2011. Court erred by granting summary judgment for Defendants on basis that claims were barred by separation of powers doctrine. Decrease in stipends for fiscal year 2011 became effective prior to 12/1/10, each county treasurer was constitutionally entitled to receive fiscal year 2010 stipends in full and his or her pro-rata share of full amount of fiscal year 2011 stipends. Thus, Plaintiff was entitled to summary judgment. (APPLETON and HOLDER WHITE, concurring.)