(DOWNLOAD) "Board of Commissioners v. County of Du Page" by Supreme Court of Illinois ~ eBook PDF Kindle ePub Free
eBook details
- Title: Board of Commissioners v. County of Du Page
- Author : Supreme Court of Illinois
- Release Date : January 27, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
The board of library trustees of the Wood Dale Public Library District, and the library district, a municipal corporation, on its own relation and on behalf of all municipal corporations and other local governmental bodies similarly situated, filed a two-count complaint in the circuit court of Du Page County against defendants, the County of Du Page, its board of commissioners and its treasurer and ex-officio collector. In count I it was alleged that the county treasurer, as ex-officio county collector for the defendant county, collected tax monies for and on behalf of the members of the plaintiff class, invested the tax monies collected on behalf of the plaintiffs, but failed, as required by section 2 of An Act relating to certain investments of public funds by public agencies (the Investment of Public Funds Act) (Ill. Rev. Stat. 1981, ch. 85, par. 902), to distribute the earnings on the investments of these monies. In count II it was alleged that the county treasurer's practice of retaining interest earned on the investment of funds collected for members of the plaintiff class violated section 9(a) of article VII of the 1970 Illinois Constitution. Both counts prayed for a declaratory judgment that the retention of interest by the county treasurer was improper, a permanent injunction enjoining the defendant from retaining interest earned upon funds collected for the plaintiffs, an accounting for the period from October 1, 1972 to and including the date of the conclusion of this litigation * * *, and for other relief. The defendants moved to dismiss the complaint on the ground, inter alia, that it did not state a cause of action. The circuit court dismissed the complaint with prejudice. On appeal, the appellate court noted the apparent conflict between section 6.1 of An Act concerning county treasurers * * * (the County Treasurers' Act) (Ill. Rev. Stat. 1981, ch. 36, par. 22.1) and section 2 of the Investment of Public Funds Act (Ill. Rev. Stat. 1981, ch. 85, par. 902). The court held that under the defendants' proposed construction of the County Treasurers' Act, permitting the county treasurer to retain interest earned on the investment of monies collected for other taxing districts would result in the charging of fees for the collection of those taxes, in violation of section 9(a) of article VII of the 1970 Illinois Constitution. The appellate court refused to place an unconstitutional construction on the pertinent sections of the County Treasurers' Act, and construed the statutory provisions to provide that the Investment of Public Funds Act controlled. It reversed the judgment of the circuit court and remanded the cause with directions. (107 Ill. App.3d 409.) We granted defendants' petition for leave to appeal. 87 Ill.2d R. 315.
 "Board of Commissioners v. County of Du Page" by Supreme Court of Illinois ~ eBook PDF Kindle ePub Free){kind=link}