Opinion

BOARD OF EDUCATION OF TOWNSHIP HIGH SCHOOL DIST. v. Kusper

  • 92 Ill. 2d 333
  • 65 Ill. Dec. 868
  • 442 N.E.2d 179
  • 1982 Ill. LEXIS 339
Court
Illinois Supreme Court
Filed
Oct 22, 1982
Status
Published
Author
Underwood
On the bench
Ryan, Underwood, Simon
Cited by
20 cases

The opinion

JUSTICE UNDERWOOD, concurring:

When our judgment in this case was originally announced, Justice Simon and I believed, predicated upon what we considered to be relevant language in sections 6 and 8 of the Act (Ill. Rev. Stat. 1981, ch. 120, pars. 866, 868), that the General Assembly had intended the term “aggregate levy” as used in the Truth in Taxation Act (Ill. Rev. Stat. 1981, ch. 120, par. 861 et seq.) to include taxes levied for debt-service purposes. Consequently, we were noted as dissenting. Since that time, the same General Assembly amended the Act (Pub. Act 82 — 760, 1982 Ill. Laws 202 ) in a manner indicating approval of the methods of computing the 105% tax limitation provisions of the Act which were used by the county clerk in this case and which did not include amounts levied for debt-service purposes.

Since that amendment seems to indicate that the legislature intended the result which the majority reaches despite what appeared to Justice Simon and me to be language in sections 6 and 8 requiring a contrary result, we now concur in the judgment of the court.

JUSTICE SIMON joins in this concurrence.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.