Ball v. County of Cook

              SIXTH DIVISION
September 12, 2008
No. 1-06-3734
ROBERT C. BALL, CORNELIUS KING, SR., JAMES
STEVENS, and ALICE WEED, Indiv. and on Behalf of
Others Similarly Situated; and THE STATE OF ILLINOIS
ex rel. CHARLES D. LEVY,
Plaintiffs-Appellants,
v.
THE COUNTY OF COOK, a Body Politic and Corporate;
EDWARD J. ROSEWELL, Indiv. and as Former Treasurer
of Cook County; and MARIA PAPPAS, as Treasurer of
Cook County,
Defendants-Appellees.
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Appeal from
the Circuit Court
of Cook County
No. 99 CH 1659
Honorable
Susan Fox Gillis,
Judge Presiding.
JUSTICE CAHILL delivered the opinion of the court:
Plaintiffs appeal the dismissal of their third amended class-action complaint against
defendants Cook County, its former treasurer Edward J. Roswell and its current treasurer Maria
Pappas. Plaintiffs alleged defendants illegally failed to notify them that they were entitled to
refunds of overpaid property taxes. Defendants moved to dismiss the complaint under section 2-
619 of the Code of Civil Procedure (735 ILCS 5/2-619 (West 2006)). The trial court granted the
motion. Plaintiffs appeal. We affirm.
Plaintiffs first filed a complaint in 1999. They filed amended complaints in 2001 and
2003. Ball alleged he paid his 1987 Cook County real estate tax bill without claiming the