In Re County Collector

826 N.E.2d 951, 356 Ill. App. 3d 668, 292 Ill. Dec. 515
CourtAppellate Court of Illinois
DecidedMarch 22, 2005
Docket1-04-0896
StatusPublished
Cited by39 cases

This text of 826 N.E.2d 951 (In Re County Collector) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re County Collector, 826 N.E.2d 951, 356 Ill. App. 3d 668, 292 Ill. Dec. 515 (Ill. Ct. App. 2005).

Opinion

826 N.E.2d 951 (2005)
356 Ill. App.3d 668
292 Ill.Dec. 515

In re Application of the COUNTY COLLECTOR for Judgment and Order of Sale Against Lands and Lots Returned Delinquent for Non-payment of General Taxes for the Year 1998 and Prior Years, Petition of Dream Sites, L.L.C. for Tax Deed (Dream Sites, L.L.C., Petitioner-Appellee,
v.
Grace Apostolic Faith Church, Respondent-Appellant).

No. 1-04-0896.

Appellate Court of Illinois, First District, Second Division.

March 22, 2005.

*952 Bruce M. Buyer, Chicago, for Appellant. Brian A. Burak, Evanston, for Appellee.

Presiding Justice BURKE delivered the opinion of the court:

Respondent Grace Apostolic Faith Church (the Church) appeals from an order of the circuit court issuing a tax deed in favor of petitioner Dream Sites, L.L.C.,[1]*953 a tax buyer, against property owned by the Church. On appeal, the Church contends that the trial court erred in issuing a tax deed because Dream Sites failed to strictly comply with section 22-10 of the Property Tax Code (Code) (35 ILCS 200/22-10 (West 2002)) in that it failed to include the address of the Daley Center in the notice required under that section. For the reasons set forth below, we reverse and remand.

STATEMENT OF FACTS

The property at issue was sold at an annual tax sale on April 14, 2000, for delinquent 1998 general real estate taxes. On January 25, 2002, National Indemnity Corp. filed a petition for issuance of a tax deed. Thereafter, it lodged a "Notice of expiration of period of redemption" pursuant to section 22-10 of the Code, stating that the hearing for issuance of a tax deed would be held in "Room 1704, Richard J. Daley Center in Chicago, Illinois." The Church filed an objection, arguing that the notice was insufficient because it failed to include the address of the Daley Center as required by section 22-10. Specifically, according to the Church, it failed to state, "Richard J. Daley Center, Room 1704, 50 W. Washington, Chicago, Illinois."

A trial was held on January 20, 2004, after which the court overruled the Church's objection and entered an order granting Dream Site's petition for issuance of a tax deed. In so finding, the trial court noted that for "decade after decade" there was no address posted on the building and had only recently been posted at the insistence of the Chicago fire department and that mail arrived at the building without a street address. Accordingly, the court found that the name of the building and a room number were a sufficient address under the statute and a street address was not required. The court stated, however, that its ruling applied "to this particular building," and "[i]f it had been some other building that may or may not be commonly known, it may be a different result." This appeal followed.

ANALYSIS

The sole question on appeal, one of first impression, is whether the "Notice of expiration of period of redemption" requires a street address when the hearing will be held in the Daley Center. In other words, the question involves the meaning of the term "address" in section 22-10 of the Code. The statute, amended effective June 1, 1997, provides: "In counties with 3,000,000 or more inhabitants, the notice shall state the address, room number and time at which the matter is set for hearing." 35 ILCS 200/22-10 (West 2002). Strict compliance with this section is required by section 22-40. 35 ILCS 200/22-40 (West 2002).

This case requires us to construe a statute, which involves a question of law subject to de novo review. In re Estate of Andernovics, 197 Ill.2d 500, 507, 259 Ill. Dec. 721, 759 N.E.2d 501 (2001). "The cardinal rule of statutory construction is to ascertain and give effect to the intent of the legislature." People ex rel. Ryan v. McFalls, 313 Ill.App.3d 223, 226, 245 Ill. Dec. 795, 728 N.E.2d 1152 (2000). This involves examining the language of the statute and giving the words their plain meaning and construing them in context. In re Tax Deed, 311 Ill.App.3d 440, 443, 243 Ill.Dec. 585, 723 N.E.2d 1186 (2000). "A statute should be construed, if possible, so that no part of the statute is rendered superfluous or meaningless." In re Tax Deed, 311 Ill.App.3d at 443, 243 Ill.Dec. *954 585, 723 N.E.2d 1186. "Legislative intent as to the meaning of words can be ascertained from the history of the legislation or from the use of the term in other sections of the same or other Illinois statutes." In re Tax Deed, 311 Ill.App.3d at 444, 243 Ill.Dec. 585, 723 N.E.2d 1186. See also In re County Treasurer and Ex-Officio Collector of Cook County, 323 Ill.App.3d 1044, 1048, 257 Ill.Dec. 168, 753 N.E.2d 363 (2001). "[T]he court, however, must construe the statute as written and may not, under the guise of construction, supply omissions, remedy defects, annex new provisions, add exceptions, limitations, or conditions, or otherwise change the law so as to depart from the plain meaning of the language employed in the statute." In re County Treasurer, 323 Ill.App.3d at 1049, 257 Ill.Dec. 168, 753 N.E.2d 363. "It is presumed that an amendment is made for some purpose, and effect must be given to the amendment in a manner consistent with that purpose." Department of Transportation v. Drury Displays, Inc., 327 Ill. App.3d 881, 888, 261 Ill.Dec. 875, 764 N.E.2d 166 (2002). Specifically, "[w]hen a statute is amended, it is presumed that the legislature intended to change the law as it formerly existed." Department of Transportation, 327 Ill.App.3d at 888, 261 Ill. Dec. 875, 764 N.E.2d 166.

With respect to notice and tax deeds specifically, it has been held that such notice provisions are to be rigidly enforced. Gage v. Bani, 141 U.S. 344, 351, 12 S.Ct. 22, 25, 35 L.Ed. 776, 779 (1891). The notice must contain every essential statutory element and if it omits even one, the deed issued pursuant to that notice will be void. People v. Banks, 272 Ill. 502, 506-07, 112 N.E. 269 (1916); Wright v. Glos, 264 Ill. 261, 264, 106 N.E. 200 (1914). The tax buyer must strictly comply with the statutory notice requirements without regard to whether any owner, inter alia, was misled by the defective notice. In re Application of County Collector, 295 Ill. App.3d 703, 708, 230 Ill.Dec.

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Bluebook (online)
826 N.E.2d 951, 356 Ill. App. 3d 668, 292 Ill. Dec. 515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-county-collector-illappct-2005.