Mallec v. The City of Belleville, Illinois

State: Illinois

Court: 5th District Appellate

Docket No: 5-07-0456 Rel

Case Date: 07/16/2008

Preview:NO. 5-07-0456
NOTICE Decision filed 07/16/08. The text of this decision may be changed or corrected prior to the filing of a Peti tion for Rehearing or th e

IN THE APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT _________________________________________________________________________ STEPHEN T. MALEC, ) Appeal from the ) Circuit Court of Plaintiff-Appellant, ) St. Clair County. ) v. ) No. 06-MR-45 ) THE CITY OF BELLEVILLE, ILLINOIS, an ) Illinois Municipal Corporation, ) GREEN MOUNT DEVELOPMENT, LLC, a ) Missouri Limited Liability Company, and ) GMCR, LLC, a Missouri Limited Liability ) Company, ) Honorable ) Andrew J. Gleeson, Defendants-Appellees. ) Judge, presiding. _________________________________________________________________________ JUSTICE SPOM ER delivered the opinion of the court: The plaintiff, Stephen T. Malec, appeals the order of the circuit court that granted the motion for a judgment on the pleadings filed by the defendants, the City of Belleville (the City) and Green Mount Development, LLC, and GMCR, LLC (the Developers), and dismissed the plaintiff's first amended complaint. On appeal, we are called upon to decide whether a citizen and taxpayer of the City has standing to challenge, via a complaint for declaratory and injunctive relief, the following: (1) the City's formation of a tax-incrementfinancing (TIF) district pursuant to the Tax Increment Allocation Redevelopment Act (the TIF Act)

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