People Ex Rel. Thompson v. Clark

338 N.E.2d 408, 34 Ill. App. 3d 228, 1975 Ill. App. LEXIS 3340
CourtAppellate Court of Illinois
DecidedDecember 3, 1975
Docket73-435
StatusPublished
Cited by8 cases

This text of 338 N.E.2d 408 (People Ex Rel. Thompson v. Clark) 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. Thompson v. Clark, 338 N.E.2d 408, 34 Ill. App. 3d 228, 1975 Ill. App. LEXIS 3340 (Ill. Ct. App. 1975).

Opinion

Mr. JUSTICE THOMAS J. MORAN

delivered the opinion of the court:

Plaintiffs appeal from a judgment rendered in favor of the defendants against certain property owned by them. The judgment is founded upon 1971 real property taxes. In accordance with the statutory scheme, the plaintiffs paid their taxes under protest. Thereafter, the county collector filed an application for judgment against their property, the application accompanied by the required statutory affidavit; in response, plaintiffs filed tax objections raising various issues.

The plaintiffs appeared pro se and, after a trial on the merits, judgment against the property was entered on March 13, 1973, nunc pro tunc as of March 2, 1973. On June 30, 1973, the judgment was vacated and, upon rehearing, September 10, 1973, judgment was again entered nunc pro tunc as of March 2, 1973. Plaintiffs raise 24 issues on appeal; we have consolidated them into three categories.

It is claimed that the judgment appealed is invalid and void as denying plaintiffs due process rights guaranteed by the State and Federal constitutions and therefore the judgment should be vacated. Specifically, plaintiffs claim that the court erred: (a) in entering the judgment nunc pro tunc; (b) in not requiring written pleadings by the defendants; and (c) in its interpretation of certain laws.

Plaintiffs claim the order entered September 10, nunc pro tunc as of March 2, was invalid because no order was rendered on March 2, 1973, and therefore a nunc pro tune order cannot be entered to supply such omission. The citation which plaintiffs quote to support their contention belies its applicability to the case at hand. It states, “where there is no minute or memorial paper in the records to show that the order was, in fact, made, it cannot * * * be so entered.” (People v. Rosenwald, 266 Ill. 548, 554 (1915).) Here, the record reveals a ruling in the form of a minute order dated March 2, 1973, indicating that a written order was to come. The written order was entered on March 13, nunc pro tunc as of March 2. At the time of rehearing, no new matters of substance were introduced to modify or alter the original order entered. Therefore, it was proper for the court, upon denial of rehearing relief, to enter its September 10, 1973, order nunc pro tunc as of March 2, 1973.

To discuss plaintiffs’ claim that the defendants were required to file written pleadings, we review the statutory procedures in a tax objection case. Under section 229 of the Revenue Act of 1939 (Ill. Rev. Stat. 1971, ch. 120, § 710) the county collector is directed to apply to the court, during the month of October, for judgment and order of sale for taxes on delinquent lands and for judgment fixing the correct amount of any tax paid under protest. Such application has been construed to be in the nature of a complaint. (People ex rel. Reid v. Adkins, 48 Ill.2d 402, 405 (1971).) The list of lands on which taxes are delinquent or paid under protest, together with the statutorily-required supplemental certificate (which insures the currency of the list) and the collector’s affidavit, establishes the evidence to be presented to the court on application for judgment, and constitutes a prima facie case. (See People ex rel. Brenza v. Anderson, 411 Ill. 252, 255 (1952).) The court is instructed to examine the list, and if any specific objection in writing is offered in defense, then the court shall hear the matter in summary manner, without pleadings, and render judgment. (Ill. Rev. Stat. 1971, ch. 120, § 716.) Thus, tax objections are, in the language of the statute, defenses. Where no objections are filed, the taxpayer, in essence, is guilty of failing to file an answer to the collector’s complaint, and a tax jtidgment in this circumstance is equivalent to a default judgment. Reid, 48 Ill.2d 402, 405.

The procedure for paying one’s real estate taxes under protest, as provided in section 235 of the Revenue Act of 1939 (Ill. Rev. Stat. 1971, ch. 120, § 716), is set out in section 194 of the Act (Ill. Rev. Stat. 1971, ch. 120, § 675), which in turn provides that proceedings upon objections filed under this section are subject to section 194a. Under section 194a, the court is instructed to hold a conference between the tax objector and the State’s Attorney within 90 days of the filing of the objection unless the matter is disposed of sooner. If a compromise agreement is reached, the agreement must be filed with the clerk of the court. If no agreement is reached, the court must, upon demand of either party, set a hearing date within 90 days of the demand.

When the plaintiffs’ objections, which they characterize as a “complaint,” are viewed against this statutory procedure, it becomes clear that their “complaint” was, in its true function, an answer to the coHector’s complaint for tax judgment. Thus, under section 235, no additional written pleadings on the part of defendants are required since issue has been joined by the collector’s application and the plaintiff's written tax objections. We have examined the record in this case at length, and find that the proceedings herein did not deviate in any material- way from the statutory scheme outlined above.

Plaintiffs aHege that section 194a of the Revenue Act of 1939 (IH. Rev. Stat. 1971, ch. 120, § 675a) is unconstitutional, it being a violation of equal protection. That section, as discussed above, provides for a pretrial conference wherein the tax objector and the State’s Attorney may work out a compromise agreement on tax objections. Any such agreement must be filed with the court. The plaintiffs in this case aHege that no such agreement was reached with the State’s Attorney, whereas compromise tax agreements were reached with other taxpayers on the same tax objections, and assert that this constitutes a violation of equal protection. Plaintiffs have failed, however, to offer competent evidence of any such agreements. Here, as elsewhere in their trial court presentation and brief, plaintiffs offer aHegations, not proof. While we realize the difficulties of a pro se presentation, especiaUy in matters as complex as taxation, and respect plaintiffs’ earnestness in this matter, the aHegations, unsupported by proof, cannot form the basis for relief. In a tax objection case there is a presumption that the taxes assessed are correct. The burden is upon the objector to prove facts to sustain the objection. (People ex rel. Brenza v. Fleetwood, 413 Ill. 530, 545 (1952).) A close reading of the entire record reveals that plaintiffs have not met this burden regarding any of the objections raised by their pleadings.

Plaintiffs aHege errors in the rulings of the trial court. Some have been discussed above; others which merit discussion wiU be reviewed briefly.

(1) Plaintiffs claim that the trial court erred by ruling that proper notice had been given to the taxing districts. The record reveals that the required statutory notice was given, therefore, no error occurred.

(2) Plaintiffs claim that the court erred in failing to order the coHector to make a fuH disclosure. While it is not altogether clear from their brief, it appears that plaintiffs are referring to disclosure of the amount of total taxes withheld from distribution. Section 194 of the Revenue Act of 1939 (Ill. Rev. Stat. 1971, ch.

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Bluebook (online)
338 N.E.2d 408, 34 Ill. App. 3d 228, 1975 Ill. App. LEXIS 3340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-thompson-v-clark-illappct-1975.