Court granted Plaintiffs' motion for class certification, to recover damages for alleged losses from manner in which former County Treasurer conducted property tax sale auctions from 2005 through 2008.As Plaintiffs identified issues common to the class, court did not abuse its discretion or consider impermissible legal criteria when it found that a common issue of law or fact existed. As calculation of actual damages would be too individualized to be handled as part of class action, court abused its discretion in finding that individual issues as to actual damages would not predominate over common issues. It was not abuse of court's discretion to certify a class for liability purposes only, as common issues predominate over individual concerns involving liability. Court abused its discretion in certifying a class that included the sale in error claim against Madison County and former Madison County Treasurer and money had and received claim against Madison County. (SCHWARM and CHAPMAN, concurring.)
Illinois Appellate Court
Civil Court
Class Actions