Scott R. Metcalf

Scott R. Metcalf

Franczek Radelet P.C.

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Time Limit on Filing Certain Construction Lawsuits Extended

A recent Illinois Appellate Court decision extends the time period in which a certain type of legal claim can be made against a general contractor on a construction project. The decision, 15th Place Condominium Association v....more

11/21/2014 - Breach of Contract Condominiums Construction Contracts Construction Industry Construction Project General Contractors Indemnification Clauses Real Estate Development Statute of Limitations

PTAB Issues Decision in Long-Running Open Space Assessment Battle

The Illinois Property Tax Appeal Board (PTAB) recently issued a decision finding that the clubhouse, parking lot, swimming pool, and tennis courts at a golf club are not entitled to favorable treatment as open space. The...more

11/20/2014 - Appeals Open Space Property Tax Tax Assessment

Appellate Court Decision Raises New Issues in Detachment Petition Proceedings

In 2012, residents of the Lancaster subdivision in Waukegan filed a petition with the Regional Board of School Trustees of Lake County to detach from the boundaries of their current school districts and annex into the...more

10/28/2014 - School Districts Subdivision

Community College Allowed to Proceed with Complaint of Over Abatement of Property Taxes

The Illinois Appellate Court recently allowed Illinois Valley Community College District No. 513 and several county governments to proceed with a complaint challenging the administration of a property tax abatement. At issue...more

10/27/2014 - Colleges Community Colleges Property Tax Tax Abatement

New Study Shows Substantial Growth in Effective Tax Rates for Residential Properties

As school districts and other public bodies enter the 2014 levy season, a new study from the Civic Federation of Chicago provides further evidence that the tax burden in suburban Cook County has shifted from commercial and...more

10/13/2014 - Property Tax

Appellate Court Sides with School Districts on Working Cash Fund Tax Rate Objections

This week the Second District Appellate Court upheld summary judgment in favor of 17 DuPage County school districts on 54 tax rate objections spanning a 13 year period involving transfers from the school districts’ working...more

10/6/2014

2014 Legislative Update: Summary Of Changes In School Law

In This Update: - Administration ..School as Polling Place ..Student Discipline Study ..Destruction of Public Records ..Sale of Personal Information ..DCFS Guardianship ..Children of...more

9/22/2014 - Charter Schools Education Reform Educational Institutions Property Tax Teachers

Cook County Property Tax Incentives Continue to Expand

Cook County continues to increase the number of commercial and industrial properties eligible for reduced property tax assessments. Recently, the County amended the Real Property Assessment Classification Ordinance to add the...more

9/9/2014 - Commercial Real Estate Market Economic Development Local Ordinance Property Tax Tax Assessment Tax Revenues

Cook County Assessed Values Continue to Decline

For the sixth year in a row we have obtained and analyzed assessment abstract data from the Cook County Assessor’s Office. In each tax year since 2008 the County’s total assessed value has declined. The data from 2013, the...more

8/28/2014 - Property Tax Tax Assessment

Tax Injunction Act Bars Challenge to Local Demolition Tax

Recently, the Seventh Circuit Court of Appeals denied a challenge to a municipal tax on the demolition of real estate based on the strict enforcement of the Tax Injunction Act. This decision reinforces long-standing...more

6/27/2014 - Affordable Housing Appeals Municipal Taxes

New Law Changes Property Tax Assessments on Leasehold Interests at Military Bases

The leasing of government-owned, tax-exempt property can raise many policy questions for local assessing officials. Some of those questions are answered by specific provisions in the Property Tax Code. Other questions have...more

6/12/2014 - Government Land Property Tax Tax Exemptions

Attorney General Finds School Board Closed Session Discussion Of Demolition Of School Building Violated Open Meetings Act

Last month, the Public Access Counselor (PAC) of the Illinois Attorney General’s Office issued an opinion finding that the Board of Education of Springfield School District 186 improperly discussed the planned demolition of a...more

5/6/2014 - Attorney Generals Public School Boards Public Schools

Continuing Care Retirement Community Denied Property Tax Exemption

The Illinois Appellate Court recently upheld the denial of a property tax exemption on both charitable and religious grounds for the Meridian Village continuing care retirement community (CCRC) in Glen Carbon. A CCRC provides...more

4/7/2014 - Exempt Organizations Nursing Homes Property Tax Tax Exemptions

Illinois Appellate Court Dismisses Assessment Challenge Seeking Writ Of Mandamus

The Illinois Appellate Court recently dismissed a petition for a writ of mandamus in which the plaintiffs challenged the legality of taxes assessed on their property. In Dumas v. Pappas, the Court addressed the proper path...more

3/20/2014 - Property Tax Tax Assessment Writ of Mandamus

Illinois Supreme Court Upholds Dismissal Of School District’s Claim Against Its Architect

The Illinois Supreme Court recently issued a decision in Gillespie Community Unit School District No. 7 v. Wight & Company that upholds the dismissal of the District’s claim of fraudulent misrepresentation against its...more

2/26/2014 - Architects Construction Defects Fraud Misrepresentation Public Schools School Districts Statute of Limitations

Court Upholds School District’s Transfer Of Money From Working Cash Fund

The Illinois Appellate Court recently upheld a lower court’s decision to strike down challenges to a school district’s use of its working cash fund. This case builds upon a recent amendment to the Working Cash Fund Article of...more

2/13/2014 - Money Transfer Public Schools School Districts

Recent Appellate Court Opinion Discusses Legal Challenges To The Debarment Of Contractors By Public Bodies

Public bodies must adhere to the principles of procedural due process when debarring a contractor from bidding on its projects. But even when a public body provides due process, it may be subject to litigation....more

10/15/2013 - Bids Contractors Due Process

2013 Legislative Update: Summary Of Changes In School Law

In This Issue: - ADMINISTRATION ..Hazing ..Firearm Concealed Carry Act ..School Safety Drills ..Medical Insurance for Interscholastic Athletes ..Insurance ..Duties of a Principal ...more

9/17/2013 - Concealed Weapons Education Reform Firearms Gun Laws Hazing Public Schools School Districts School Safety

Peotone Airport Legislation Contains Significant Changes To Property Tax Code

When Governor Quinn signed P.A. 98-109 into law, media reports focused on the legislation pushing forward a Peotone airport, but the 371 pages of legislation also contain a number of other changes. ...more

8/12/2013 - Airports New Legislation Pat Quinn Property Tax

Cook County Assessed Values Continue To Decline For Fourth Straight Year

As Cook County taxpayers receive their second installment 2012 property tax bills, the final assessment abstract for Cook County reveals a source of the higher tax rates they will see, the continuing decline of the property...more

7/1/2013 - Property Tax Tax Assessment

Illinois Department Of Labor Issues Guidance On Applicability Of Prevailing Wage Act To Landscaping Work

Determining whether the Prevailing Wage Act applies to certain components of a public works project often requires a fact-specific analysis. ...more

5/23/2013 - Department of Labor & Industry Prevailing Wages

Illinois County Clerk’s Official Property Tax Manual Provides Comprehensive Resource For The Levy And Extension Process

The Illinois Association of County Clerks and Recorders recently released a comprehensive manual for the levying and extension of property taxes in Illinois. The 240-page manual addresses the entire range of property tax...more

5/10/2013 - Handbooks Levy Tax Extensions

Property Tax Data Can Aid School Districts In Budgeting And Levying

There are a number of little known sources of data that can assist school districts in their financial planning and public relations efforts. This information is available from local officials and State agencies as well as...more

2/26/2013 - County Assessors Department of Revenue Financial Planning Nonprofit Research Organizations Property Tax School Districts

School District Participation In Local Debt Recovery Program Put On Hold

We have learned from several clients that debt collection efforts for school districts by the Illinois Office of the Comptroller under the Local Debt Recovery Program (LDRP) have been put on hold indefinitely. In a notice...more

2/6/2013 - Comptroller Debt Recovery Programs School Districts

New Reports Show Significant Spending and Uneven Success with Economic Development Incentives

Over the past two years we have written several Alerts on the various tax incentive programs available in Illinois to spur economic development [Explaining How Certain Tax Incentive Programs Work – Part I and Part II] and...more

12/5/2012 - Economic Development Tax Incentives

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