In re Application of the County Treasurer

              1Justice Kapala participated in this appeal and authored the opinion, but has since been
appointed as United States District Judge for the Northern District of Illinois, Western Division.
Our supreme court has held that the departure of an authoring judge prior to the filing date will
not affect the validity of a decision so long as the remaining two judges concur. Kinne v. Duncan,
383 Ill. 110, 113-14 (1943).
No. 2--05--1209 Filed: 6-5-07
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IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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In re APPLICATION OF THE COUNTY ) Appeal from the Circuit Court
TREASURER AND ex officio COUNTY ) of Carroll County.
COLLECTOR, for Judgment and Order of )
Sale Against Real Property Returned ) Nos. 01--TX--9, 01--TX--10, 01--TX 13,
Delinquent for Nonpayment of General Taxes ) 02--TX--26, 02--TX--29, 03--TX--10,
for the Year 1998 and Prior Years ) 03--TX--11, 03--TX--12, 03--TX--13,
) 03--TX--14
)
(AAM/US Bank LLC, Petitioner-Appellant, ) Honorable
v. The Lake Carroll Association, Respondent- ) Val Gunnarsson,
Appellee). ) Judge, Presiding.
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JUSTICE KAPALA1 delivered the opinion of the court:
Petitioner, AAM/US Bank LLC , appeals from a November 8, 2005, order of the circuit court
of Carroll County denying its motion for summary judgment and granting that of respondent, the
Lake Carroll Association. For the reasons that follow, we affirm in part, reverse in part, and
remand.