Alvarez v. Pappas

State: Illinois

Docket No: 104922 Rel

Case Date: 04/17/2008

Preview:Docket No. 104922.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

SANTOS ALVAREZ et al., Indiv. and on Behalf of All Others Similarly Situated, Appellants, v. MARIA PAPPAS, Treasurer and ex-officio Collector of Cook County, Illinois, Appellee. Opinion filed April 17, 2008.

JUSTICE GARMAN delivered the judgment of the court, with opinion. Chief Justice Thomas and Justices Freeman, Fitzgerald, Karmeier, and Burke concurred in the judgment and opinion. Justice Kilbride dissented, with opinion. OPINION Plaintiffs are the owners of various parcels of real estate in Cook County. In 2005, they filed a class action complaint against defendant treasurer, alleging that they had made duplicate payments of their real estate taxes and seeking a return of their money. Most of the plaintiffs had paid taxes in escrow to their respective lenders. When plaintiffs received their tax bills, they paid them, apparently unaware that their lenders were also paying the same bills, resulting in the taxes being paid twice. The earliest duplicate payments were made in 1990. Defendant filed a motion to dismiss under section 2

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