This is the third part of attorney Tim Dwyer’s tax protest suit against McHenry County:
MCHENRY COUNTY MENTAL HEALTH FUND- EXCESSIVE ACCUMULATION
In November of 2015 the County levied $10,900,000 for the Mental Health Fund.
At the end of its 2015 fiscal year, however, the County had a balance in that Fund of $21,976,407, according to its audit.
The three year annual expenditure of the Mental Health Fund was $10,278,717.
Taking the balance on hand, coupled with the levy of $10,900,000, the County has almost three times the amount necessary to pay its expenditures for the ensuing fiscal year with regard to this Fund. As such, the Mental Health Fund is illegal, excessive and invalid as a matter of law.
Even without the levy, the fund balance is over twice the annual, average expenditure.
As such, the illegal levy rate of .150000 should be rebated to the Objectors.
WHEREFORE, Plaintiff Tax Protestors pray that this Court consider the matters raised herein, find, determine and otherwise adjudicate that the Mental Health Fund adopted by McHenry County is illegal, void and is excessive as a matter of law, order that the McHenry County Treasurer issue full rebate payments to the Tax Objectors, award statutory interest pursuant to 35 ILCS 200/23-20, et. seq. and issue whatever further relief this Court deems just and appropriate.