People ex rel. Korzen v. Brewster

304 N.E.2d 46, 14 Ill. App. 3d 1012, 1973 Ill. App. LEXIS 1952
CourtAppellate Court of Illinois
DecidedOctober 10, 1973
DocketNo. 57732
StatusPublished
Cited by1 cases

This text of 304 N.E.2d 46 (People ex rel. Korzen v. Brewster) 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
People ex rel. Korzen v. Brewster, 304 N.E.2d 46, 14 Ill. App. 3d 1012, 1973 Ill. App. LEXIS 1952 (Ill. Ct. App. 1973).

Opinion

Mr. PRESIDING JUSTICE BURMAN

delivered the opinion of the court:

AppeUant, W. E. Brewster, as a taxpayer, filed objections to the 1969 tax rate levied pursuant to the annual appropriation ordinance adopted by the Chicago park district. After considering the stipulation of facts entered into by the parties and the briefs and argument of counsel, an order was entered overruling the objections from which Brewster appeals.

The sole issue on appeal is whether the Chicago park district appropriation for “Custodial Care — Chicago Board of Education School Facilities,” item 522 in the 1969 appropriation ordinance in the amount of $816,000, is vague, indefinite, and insufficiently itemized.

The challenged appropriation is described in the ordinance as follows:

“DEPARTMENT OF RECREATION
Responsible for programing and activating all recreational activities throughout the Park District, requiring consultation and cooperation with other community agencies when planning, developing, and directing recreation programs; supervision of technical staff in organizing and administering such programs; supervision and operation of beaches and swimming pools, together with such other related duties as provided in the Code or directed by the Board of Commissioners.
Code EXPENSE CLASSIFICATIONS Amount
# * Appropriated
500 — Contractual Services # # #
522 — Custodial Care — Chicago Board of Education School
Facilities
$816,000”

The taxpayer’s objection to this appropriation is that it is vague, indefinite, unintelligible, and does not state its object or purpose as required by the applicable statute and therefore is invalid. The trial court overruled the taxpayer’s objection upon the ground that the object and purpose of the appropriation are plain upon its face and we find that the record supports this conclusion. The appropriation is not subject to the criticism that it is indefinite and uncertain.

The statutory requirements for the 1969 Chicago park district budget were set forth in section 17 of the Chicago Park District Act (Ill. Rev. Stat. 1967, ch. 105, par. 333.17), the pertinent part of which is as follows:

“The statement of proposed expenditures shall show separately the amounts for ordinary recurring expenses, for extraordinary expenditures, for debt service, and for capital outlays, and shall be accompanied by detailed estimates of expenditure requirements setting forth the objects of expenditure such as personal service, contractual services, supplies and materials, and the like, and showing such further classification, by character, object, or purpose as may be required by the system of expenditure accounts adopted by the commission.”

We agree with appellant that a taxpayer has a right to have the purpose of an appropriation stated in a sufficiently clear and intelligible manner, so that he can understand, from reading it, what it is for, and so that he may have a basis for determining its propriety. The appropriation ordinance of any taxing body must comply with the terms of the applicable statute and must be neither unduly vague nor insufficiently itemized. (People ex rel. McWard v. Wabash Ry., 395 Ill. 243, 70 N.E.2d 36; People ex rel. Wangelin v. Pitcairn, 371 Ill. 616, 21 N.E.2d 753.) With regard to the degree of itemization required, the supreme court in People ex rel. Wilson v. Wabash Ry., 368 Ill. 497, 14 N.E.2d 650, cited by appellant, stated at page 502, 14 N.E.2d at 653, that

* * [t]he taxpayer’s right to have separately stated the purposes for which public money is appropriated or expended is a substantial right of which he may not be deprived. Where it cannot be determined what purposes are embraced in a fund levied, we have held that it falls within tire condemnation of uncertain, vague and indefinite levies.”

However, the Court went on to say:

“On the other hand, if an item in a levy is sufficiently specific to advise the taxpayer of a single general purpose for which the money is to be expended, it is valid.” 368 111. at 502, 14 N.E.2d at 653.

The initial question then is whether or not the appropriation in question here denotes a “single general purpose,” and although the cases contain no definitive guidelines, it seems clear to us that it does. In the Wabash case quoted from above the court held invalid omnipurpose appropriations for “board of health,” as a levy for a department of government, and for “park fund” and “cemetery fund,” since it could not be determined whether the fund in either case was to be used for purchasing land, for improvements, for salaries, or for other expenses. (368 Ill. at 503, 14 N.E.2d at 653.) In the same case however, the court sustained the validity of appropriations for “street lighting fund,” “sidewalk fund,” “salary fund,” and “street and alley fund” since the word “fund” in these contexts is readily understood. (368 Ill. at 502-03,14 N.E.2d at 653.) An appropriation for “Custodial Care” relating to certain facilities in the case at bar is considerably more specifically itemized than any of these foregoing appropriations.

The appellant most strenuously seeks to demonstrate that the appropriation is nevertheless vague and unintelligible. He stresses that it might conceivably mean either custodial care in school facilities, thus perhaps referring to supervisory care of children, a land of day care operation, or custodial care of school facilities, in which case several alternative meanings are possible — depending upon what meaning is attributed to “school facilities.” We are not so persuaded. It is well settled that itemization requirements of a taxing statute must be accorded a practical and common-sense construction. (People ex rel. Toman v. Belmont Radio Corp., 388 Ill. 11, 57 N.E.2d 479; People ex rel. Toman v. Estate of Otis, 376 Ill. 112, 33 N.E.2d 202.) And courts will not adopt strained constructions in order to invalidate a tax, the burden resting with the objector to show its invalidity. (People ex rel. Frick v. Chicago & E. I. Ry. Co., 361 Ill. 470, 475, 198 N.E. 212, 214.) Here the park district appropriation for “Custodial Care — Chicago Board of Education School Facilities” appears under the general subheading “DEPARTMENT OF RECREATION,” followed by a brief description of the department’s function as including responsibility “for programing and activating all recreational activities throughout the Park District, requiring consultation and cooperation with other community agencies when planning, developing, and directing recreation programs * *

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304 N.E.2d 46, 14 Ill. App. 3d 1012, 1973 Ill. App. LEXIS 1952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-korzen-v-brewster-illappct-1973.