WL School District Capitulates to Tax Protesters, $123,000 Being Refunded

St. Charles attorney Tim Dwyer asked property owners associations and businesses on the eastern side of Wonder Lake if they would like to join in protesting excessive taxation by the Harrison Grade School District.

Those that took up his offer will be getting their share of a refund amounting to $123,071.54.

No property owners association decided to join the suit, so homeowners won’t be getting refund checks.

When asked about the reason the District agree to the refund, Board President Karen Parks told McHenry County Blog:

“We adjusted what we had been doing, which was not correct, so we righted what was wrong.”

Last November Dwyer filed suit, pointing out that District 36 had more than enough funds in the bank to finance the function for over two years.

The Transportation Fund had three times the average amount spent in the previous three years.


Comments

WL School District Capitulates to Tax Protesters, $123,000 Being Refunded — 7 Comments

  1. This is fantastic and now we need to do the same in other districts.

  2. This is an important lesson to all taxing districts, however I fail to see the fairness of a few receiving the money instead of a refund to all taxpayers

  3. Taxpayers have to be involved in Illinois or they will all too often get taken to the cleaners.

    Apparently those not receiving a refund were not involved.

    —————-

    As an example of why taxpayers should be involved, check out the 1% property tax skimming operation by the DuPage County Clerks office allegedly for loss, but it seems to not be adjusted for actual loss

    Forbes
    Opinion by contributor Adam Andrzejewski
    An Illinois County Clerk Unilaterally Levies Millions Of Dollars In Extra Property Taxes
    February 19, 2016
    http://www.forbes.com/sites/adamandrzejewski/2016/02/19/an-illinois-county-clerk-unilaterally-levies-millions-of-dollars-in-extra-property-taxes

  4. Here is further explanation of how the County Clerks can hike taxes in the name of loss.

    Hinsdale Township High School District 86

    Dr. Bruce Law, Superintendent of Schools

    VI. Resolution #14.10 Application of Zero Loss and Cost Factor to 2014 Tax Levies

    To: Board of Education

    From: Dr. Bruce Law

    Date: November 25, 2014

    RE: Resolution #14.10 Application of Zero Loss and Cost Factor to 2014 Tax Levies

    At the request of the Finance Committee Chairman, please find below for your consideration a resolution to request application of a zero loss and cost factor to 2014 tax levies for both DuPage and Cook Counties.

    The County Tax Clerk of each county has the authority when determining tax rates for the extension of tax levies to impose an additional rate factor to account for the loss and cost of uncollected taxes.

    The rate each Clerk applies depends on the historical trend of uncollected taxes for the county.

    As a result, Cook County adds 3 percent for most fund levies and 5 percent to debt service levies to the amount taxing bodies levy to account for anticipated shortfalls, while DuPage County adds 1 percent.

    The loss and cost factor cannot exceed the tax cap, but it could result in an increase in the levy collected beyond the amount approved by the Board, especially for debt service which is outside the tax cap.

    The Cook County Clerk’s office requires a formal board resolution to be filed along with the levy in December to set the extension at a 0 percent increase.

    The DuPage Clerk’s office advises that if the requested change is to go lower than the 1 percent default, the district can give this direction when it responds to the tentative extension correspondence in the spring.

    This resolution will direct the clerks in both counties to set the extension at a 0 percent increase to ensure the levy extended matches the levy approved by the Board of Education in December 2014.

    Suggested Motion: Adopt Resolution #14.10 requesting application of zero loss and cost factor to 2014 tax levies by DuPage and Cook County Tax clerks.

    Recommended Action: Vote on the Resolution

    http://www.hinsdale86.org/sb/Documents/12%201%2014%20Special%20Meeting/VI%20loss%20and%20cost.pdf

  5. It is not fair.

    But that is the way the legal system works.

    If the Valley Hi surplus were used to abate half of the tax for McHenry County, the government, that would result in all paying less and make up. to some extent, to the past illegal levies.

  6. So if school boards wants to freeze property taxes increase they have to consider the loss issue.

    Here is more about Hinsdale High School District 86’s attempt to have a property tax freeze.

    Hinsdale Township High School District 86

    Dr. Bruce Law, Superintendent of Schools

    VI. Board

    E. Finance Committee – Mr. Corcoran

    1. Resolution #13.06 Zero Loss and Cost Factor to 2013 Levies

    To: Board of Education

    From: Mr. Edward Corcoran

    Date: March 17, 2014

    RE: Resolution #13.06 Zero Loss and Cost Factor to 2013 Levies

    Mr. Corcoran brings to the Board a resolution to request application of a zero loss and cost factor to 2013 tax levies for both Dupage and Cook Counties.

    The County Tax Clerk has the authority when determining tax rates for the extension of tax levies to impose an additional rate factor to account for the loss and cost of uncollected taxes.

    This could result in an increase to taxes paid despite the Boards decision to keep the levy amount the same as it approved.

    The resolution will direct the clerks to set the extension at a 0% increase to ensure the levy extended matches the levy approved by the Board of Education in December 2013.

    Suggested Motion: Adopt Resolution #13.06 requesting application of zero loss and cost factor to 2013 tax levies by DuPage and Cook County Tax clerks.

    Recommended Action: Approval

    http://www.hinsdale86.org/sb/Documents/03%2017%2014%20Regular%20Action%20Meeting/vi%20E%20board%20-%20finance%20resoltuion%2013.06.pdf

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