Board of Education of Meridian Community Unit School District No. 223 v. Property Tax Appeal Board

State: Illinois

Court: 2nd District Appellate

Docket No: 2-10-0068 NRel

Case Date: 06/28/2011

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Appellate Court

Board of Education of Meridian Community Unit School District No. 223 v. Illinois Property Tax Appeal Board, 2011 IL App (2d) 100068

Appellate Court Caption

THE BOARD OF EDUCATION OF MERIDIAN COMMUNITY UNIT SCHOOL DISTRICT NO. 223 and THE OGLE COUNTY BOARD OF REVIEW, Petitioners, v. THE ILLINOIS PROPERTY TAX APPEAL BOARD and ONYX ORCHARD HILLS LANDFILL, INC., Respondents.

District & No.

Second District Docket No. 2-10-0068 June 28, 2011 October 24, 2011 In an action arising from a dispute over the Property Tax Appeal Board's decision reducing the tax assessment for a parcel of land owned by respondent and used as a sanitary landfill, the appellate court affirmed the Board's decision that the fair market value of the property was $10 million, based on the conclusion that the cost approach used by respondent's first appraiser in finding a valuation of $10,660,000 supported the income approach used by its second appraiser in reaching a valuation of $9,600,000, notwithstanding the fact that each appraiser used a single approach, since the comparable-sales approach would not have been reliable where the sales were part of a Department of Justice divestiture order that included the property at issue, and under the circumstances, the methodology employed by the appraisers was appropriate.

Filed Modified upon denial of rehearing Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Petition for review of order of the Illinois Property Tax Appeal Board, No. 03-00470.001-I-3.

Judgment Counsel on Appeal

Affirmed. John B. Roe, State's Attorney, of Oregon, and Stuart L. Whitt, Joshua S. Whitt, and Catherine M. Hess, all of Whitt Law LLC, of Aurora, for petitioners. Lisa Madigan, Attorney General, of Chicago (Michael A. Scodro, Solicitor General, and John P. Schmidt, Assistant Attorney General, of counsel), for respondent Illinois Property Tax Appeal Board. Robert M. Sarnoff, Michael F. Baccash, and Jeffrey G. Hertz, all of Sarnoff & Baccash, of Chicago, for respondent Onyx Orchard Hills Landfill, Inc.

Panel

JUSTICE ZENOFF delivered the judgment of the court, with opinion. Justices Schostok and Birkett concurred in the judgment and opinion.

OPINION

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