Plaintiff school sued Village as to agreements between them and a development permit issued by Village that required otherwise tax-exempt school to waive its right to a property tax exemption. The requirement of this tax agreement, that school not apply for or accept a tax exemption for the parcel so long as school occupied it and used it as a school, was void as contrary to public policy. This agreement could cause harm beyond the harm to the school alone. Purpose and function of the agreement is to implement the unenforceable provision, and thus the voidness of the unenforceable provision renders the entire agreement void. As Village did not make a frivolous or bad-faith argument that agreement is valid, and thus school's request for sanctions is denied.(MIKVA and ODEN JOHNSON, concurring.)
Illinois Appellate Court
Civil Court
Property Law