News & Analysis as of September 21, 2024

Property Tax › Motion to Dismiss

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Property Taxes are taxes levied against the owner of property located within a particular jurisdiction. Property taxes are often used to refer to taxes on real property. Property taxation schemes vary depending on the country or jurisdiction. However, a popular system involves a government assessment of the value of a property and a rate based on a proportion of the assessed value. A property may be subject to taxation by multiple taxing entities. less -

School Districts File Amicus Curiae Brief in Landmark Federal Property Tax Lawsuit

Franczek P.C. on 2/26/2020

Last week, nine Cook County school districts and Calumet City filed an amicus curiae (“friend of the court”) brief in the Seventh Circuit Court of Appeals in support of rehearing in the case A.F. Moore & Associates Inc. v....more

Real Property, Financial Services, & Title Insurance Update: Week Ending September 13, 2019

Carlton Fields on 9/24/2019

Real Property Update - Lost Note / Standing: differences in initial plaintiff's name in initial complaint and chain of assignments attached to amended complaint cast doubt on plaintiff's standing to enforce lost note and...more

Fair Lending Developments: Wrestling with Causation

Hudson Cook, LLP on 6/18/2019

The past year saw the lower courts wrestle with the aftermath of the U.S. Supreme Court’s decision in Bank of America Corp. v. City of Miami that, like the Court’s previous ruling in Texas Department of Community Affairs v....more

The Wrong Stutz – Indiana Tax Court denies motion to dismiss Assessor’s property tax appeal on procedural grounds

Faegre Drinker Biddle & Reath LLP on 1/15/2019

In Marion County Assessor v. Stutz Business Center, LLC (January 11, 2019), Owner fell short in its effort to cut short an appeal by a County Assessor challenging the Owner’s voluntary withdrawal of its 2012 to 2014 real...more

Indiana Tax Court Declines To Dismiss Property Tax Appeal Where Trust Failed To Timely File Administrative Record

Faegre Drinker Biddle & Reath LLP on 1/3/2017

On December 30, 2016, in Lake County Trust Co., Trust No. 6 (Flowers for Heaven, Inc.) v. St. Joseph County Assessor, the Indiana Tax Court allowed a property tax appeal to move forward on the merits, even though the Trust...more

Appellate Court Affirms PTAB “No Change” Decision for Lack of Service

Franczek P.C. on 10/9/2015

In Palos Bank & Trust Co. v. Illinois Property Tax Appeal Board, the First District Appellate Court upheld the dismissal of a complaint for administrative review of a PTAB decision due to the taxpayer’s failure to properly...more

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