The Carle Foundation v. Cunningham Township

Illinois Supreme Court
Civil Court
Appellate Jurisdiction
Citation
Case Number: 
2017 IL 120427
Decision Date: 
Thursday, March 23, 2017
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Appellate court vacated; remanded.
Justice: 
THOMAS

Hospital foundation filed action against state and local taxing authorities to establish that 4 of its properties were exempt from real estate taxation during 8 assessment years. Circuit court’s order granting plaintiff’s motion for summary judgment on 1 count of 4th amended complaint disposed not of a “claim,” but only of an “issue” relating to a claim. Thus, that order was not appealable under Rule 304(a), and circuit court's entry of a Rule 304(a) finding was improper. Appellate court lacked jurisdictioin to review circuit court's order granting Plaintiff's motion for summary judgment. Appellate court's decision vacated; remanded to circuit court. (KARMEIER, FREEMAN, KILBRIDE, GARMAN, BURKE, and THEIS, concurring.)