Marotta v. Metropolitan Water Reclamation District

609 N.E.2d 664, 241 Ill. App. 3d 753, 182 Ill. Dec. 130, 1992 Ill. App. LEXIS 1139
CourtAppellate Court of Illinois
DecidedJuly 14, 1992
DocketNo. 1—90—2583
StatusPublished
Cited by2 cases

This text of 609 N.E.2d 664 (Marotta v. Metropolitan Water Reclamation District) 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
Marotta v. Metropolitan Water Reclamation District, 609 N.E.2d 664, 241 Ill. App. 3d 753, 182 Ill. Dec. 130, 1992 Ill. App. LEXIS 1139 (Ill. Ct. App. 1992).

Opinions

JUSTICE McCORMICK

delivered the opinion of the court:

Objector, Charles Marotta, appeals from an order of the circuit court dismissing his challenges to respondent’s 1983 tax levies.

In December 1984, Marotta and several other taxpayers filed an action in the circuit court challenging the 1983 appropriation ordinances and tax levies of several governmental entities and seeking refunds of taxes alleged to be illegal and void. This is an appeal by Marotta from a circuit court ruling upholding the taxes levied by one of those entities, the Metropolitan Water Reclamation District of Greater Chicago (District).

The objections to the District’s tax levies challenged the District’s appropriations for the corporate fund levy, the calculation of the bond and interest fund levy and annuity and benefit fund levy, and the District’s '4% reserve levy set up to cover uncollectible corporate fund and bond and interest fund taxes.

Prior to the hearing in this action, the parties entered into stipulations concerning most of the relevant facts. Attached to the stipulations as exhibits were copies of the District’s comprehensive annual financial report for the year ended December 31, 1982; its comprehensive annual financial report for the year ended December 31, 1983; and its 1983 budget.

After arguments, the trial court filed a memorandum opinion finding that the corporate fund levy was proper, that the method of calculating the bond and interest fund levy used by the county clerk could not be considered an abuse of discretion, that the annuity ánd benefit fund levy had been properly calculated, and that the reserve levy was valid.

In this appeal, we must determine whether the trial court properly upheld each of the levies in question.

CORPORATE FUND LEVY

Marotta raises four separate challenges to the corporate fund levy: (1) the District appropriated $6,300,000 for expenditures it knew would not be made; (2) the District overestimated expenditures from the corporate fund by appropriating for expenditures to be made in later years; (3) the District underestimated the amount of the corporate fund surplus available for appropriation; and (4) $8,711,350 in appropriations made by the District for the corporate fund were vague, rendering them illegal and void.

(1)

The 1983 District budget was adopted December 9, 1982, and amended December 16, 1982. The budget included appropriations for chlorination of effluent and for interest in the amount of $3,800,000 on tax anticipation notes to be issued in 1983.

On February 2, 1983, Public Act 82 — 1046 (Act) (Ill. Rev. Stat. 1983, ch. 42, par. 328b) went into effect. This Act authorized the District to increase its corporate working cash fund by the sale of long-term bonds. This eliminated the need for the sale of tax anticipation notes and the need for payment of $3,800,000 in interest on the notes.

On July 14, 1983, the Pollution Control Board granted the District a variance, allowing it to reduce the level of chlorination of effluent. This amounted to a savings to the District of $2,500,000 in chlorination costs.

In June 1984, the county clerk extended the tax levies for the 1983 budget. The levy for the corporate fund included the $3,800,000 for interest on tax anticipation notes and $2,500,000 in chlorination expenses. On appeal, Marotta argues that because these expenditures were no longer necessary, the District should have abated the levy by $6,300,000.

In arguing that the District acted improperly in allowing the $6,300,000 to be appropriated, Marotta relies on People ex rel. Brenza v. Fleetwood (1952), 413 Ill. 530, 109 N.E.2d 741. However, the facts in this case differ significantly from those in Fleetwood.

In Fleetwood, the objector successfully challenged the City of Chicago’s 1948 budget appropriation of $35,000 for its library maintenance fund. The objector showed that, in the years 1943 to 1947, $23,000 was appropriated for machinery and equipment, $54,500 for motor vehicles, and $34,000 for furniture and fixtures. However, only $1,616.26 of the amount appropriated for furniture and fixtures actually was spent and none of the money appropriated for machinery, equipment, or motor vehicles was used for those purposes. The Illinois Supreme Court sustained the objection to the 1948 appropriation, holding that a tax levy greatly in excess of the amount required for a particular purpose, made with the intention of creating a surplus to be used for another purpose, is not legal. Fleetwood, 413 Ill. at 551.

In the present case, unlike Fleetwood, Marotta has not shown a practice in year after year of appropriating amounts that were not expended for the designated purpose. Rather, the facts here show that sometime after the 1983 budget was adopted, it became apparent that one of the appropriations would be unnecessary and another would be less than originally expected. This does not require a finding that the appropriations were illegal. The estimation of expenditures is a matter left to the sound discretion of the taxing authority and should not be disturbed by a reviewing court unless there is a clear abuse of discretion. (People ex rel. Brenza v. Gebbie (1955), 5 Ill. 2d 565, 126 N.E.2d 657.) Here, we find that the District did not abuse its discretion in allowing the $6,300,000 to be appropriated.

Marotta cites no authority in support of his contention that the District had a duty to abate the levies in question after it became apparent that the expenditures had become unnecessary, and it appears there is no requirement that the District do so. In Fleetwood, the supreme court stated that an objection is not established merely by a showing of a difference between the estimation and the result. The court added that, “[b]y necessity[,] the estimates required by statute demand some speculation, and it is only reasonable to expect some error.” Fleetwood, 413 Ill. at 536-37.

(2)

In its 1983 budget, the District estimated its corporate fund expenditures at $148,653,000. During 1983, the District set aside $140,283,000 for goods and services, but the amount actually expended in 1983 totaled $130,340,000. The reason for the difference between the amount set aside and the amount spent is that the $140,283,000 included expenditures for goods and services contracted for in 1983 but not delivered until 1984 or later.

Marotta contends that the District’s overestimation of expenses constitutes an abuse of discretion, while the District argues that it properly exercised its discretion in estimating its expenditures.

In arguing that the District abused its discretion, Marotta relies solely on the fact that there is a difference between the amount expended in 1983 and the amount appropriated. This is insufficient to establish an abuse of discretion.

The burden of showing that a taxing authority has abused its discretion in making a levy is on the person objecting to the levy. (People ex rel. Bergan v. New York Central R.R. Co. (1946), 392 Ill.

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Related

Marotta v. Metropolitan Water Reclamation District
639 N.E.2d 559 (Illinois Supreme Court, 1994)
In Re Application of Rosewell
639 N.E.2d 559 (Illinois Supreme Court, 1994)

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Bluebook (online)
609 N.E.2d 664, 241 Ill. App. 3d 753, 182 Ill. Dec. 130, 1992 Ill. App. LEXIS 1139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marotta-v-metropolitan-water-reclamation-district-illappct-1992.