Cwik v. Giannoulias

State: Illinois

Docket No: 108313 Rel

Case Date: 05/20/2010

Preview:Docket No. 108313.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

DAVID CWIK, Successor Independent Adm'r of the Estate of Genowefa Bogdanowicz, et al., Appellants, v. ALEXI GIANNOULIAS, Treasurer of the State of Illinois, et al., Appellees. Opinion filed May 20, 2010.

JUSTICE KARMEIER delivered the judgment of the court, with opinion. Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride, Garman, and Burke concurred in the judgment and opinion.

OPINION In this appeal, plaintiffs challenge the state's retention of interest earned on property held by the state pursuant to section 15 of the Uniform Disposition of Unclaimed Property Act (765 ILCS 1025/15 (West 2004)). In proceedings below, the circuit court of Cook County denied the defendants' motion to dismiss plaintiffs' amended complaint, which sought recovery of interest on plaintiff's property (money) previously held by the state under the Act; however, the circuit court certified dispositive questions to the appellate court pursuant to Supreme Court Rule 308 (155 Ill. 2d R. 308). In the course of answering those questions, the appellate court ultimately determined that the retention of interest by the state "may" be a

"taking" under section 15 of the Illinois Constitution of 1970 (Ill. Const. 1970, art. I,

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