The Board of Education of Auburn Community Unit School District No. 10 v. The Illinois Department of Revenue

Illinois Supreme Court
Civil Court
Property Tax
Citation
Case Number: 
Nos. 110395, 110422 cons.
Decision Date: 
Thursday, May 19, 2011
District: 
4th Dist.
Division/County: 
Sangamon Co.
Holding: 
Appellate court reversed.
Justice: 
THEIS
The Divernon School District was dissolved and most of it was annexted to Sangamon County's Auburn School District, leaving a small amount of Auburn District land in Montgomery County. Property Tax Extension Limitation Law (PTELL) limits property tax increases by non-home-rule taxing districts. Montgomery County had not considered a PTELL referendum; however, the entire Auburn District remains subject to PTELL. Because PTELL was already applicable to Auburn District at time of annexation, it could only be removed from District pursuant to removal referendum process, but statutory conditions for removal were not met. (KILBRIDE, FREEMAN, THOMAS, GARMAN, KARMEIER, and BURKE, concurring.)