Algonquin Township Loses 2014 Property Tax Protest Case, Excessive Taxation Found

Associate Judge Thomas Meyer ruled against Algonquin Township yesterday in the tax protest case brought by Tim Dwyer.

The case argued that Algonquin Township had too much money in the bank in a number of its funds and levied real estate taxes that were too high.

The Judge found there was unnecessary accumulation of funds in the

  • Algonquin Town Fund
  • General Assistance Fund
  • Equipment and Building Fund
  • IMRF Fund
  • Audit Fund
  • Insurance Liability Fund
  • Social Security Fund

due to excessive 2014 Algonquin Township and Algonquin Township Road District levies.

Bob Miller

Testifying in court on November 20th were former Algonquin Township Road Commissioner Bob Miller and Mary Bowman, a principal of the Township’s accounting firm, Brown & Company.

The accountant testified that all fund had more than two years’ expenditures.

The Town Fund had 2.06 times the average three-year expenditures.

The Road District’s Building and Equipment Fund had 2.21 times the $1.2 million spent on the average over the previous three years.

The Public Assistance Fund’s ratio was 1::3.41.

The Social Security Fund was 2.82 times too high.

IMRF accumulations were 2.17 times higher than they should have been.

The Liability Insurance Fund was 3.45 times too high.

The Audit Fund was an astonishing 24.33 times higher than could be justified.

Miller testified that no ordinance identified any project which necessitated the accumulation of public funds.

Judge Meyer ruled that the tax objectors had “established a prima facie case for excess accumulation,” sustaining the claims against the funds named above.

A total of $123,827.49, plus accrued interest, will be given to attorney Dwyer for distribution to those who joined in the suit and his legal fees.

The Township and Road District will be required to refund the following amounts:

TOWNSHIP

  • Town Fund: $60,955.27
  • Gen. Assistance: $9,390.40

ROAD DISTRICT

Equipment & Bldg: $47,740.50

Plus these funds

  • IMRF: $1,309.71
  • Audit Fund: $395.39
  • Ins. Liability Fund: $1,317.95
  • Social Security Fund: $2,718.27

The refunds will be coordinated through the McHenry Co. Treasurer’s office.

The Township will also be required to pay an additional $1,172.08 in costs which will be divided equally between the Township and Road Dist.

Only those who took part in the suit are eligible for property tax rebates.

Next year’s real estate tax levies for both the Township and the Road District (in most respects two separate governments) were cut 5%.


Comments

Algonquin Township Loses 2014 Property Tax Protest Case, Excessive Taxation Found — 20 Comments

  1. Perhaps Judge Meyer concluded that Algonquin Township didn’t need Disneyland gate, I-pass gate, tote bag gate, cashmere sweater gate, sweeper gate I, sweeper gate II, Bob Miller sick pay gate, salt gate, part-time overtime gate, secret 150 contract gate, nepotism gate, night watchman gate, records gate, and all the other Algonquin Township gates!

    Maybe Bob’s playland was overwhelmingly excessive! Wood working shop (for a road District)
    Political sign shop, car wash, ATVs, and more. I q

  2. Maybe this year’s reduction by the Township Board and the Highway Commissioner should have been much higher?

  3. And people say Gasser is wasting tax payer money……really?

    Wake up!

  4. I’d have no issue with Gasser spending a million dollars to unearth all of Bob Miller’s conduct.

  5. This could explain why the Miller family was trying to spend as fast as they could.

    Such a shame that with all that excess he neglected the Dennis Ave. bridge until it was washed out, leaving the community stranded for weeks.

    Or, that the Edward Rd. bridge, which is the single access to Venetian Garden’s was promised for 10 years, yet nothing done.

    Leaving that community without emergency access.

    The Miller regime was far worse then most feared.

    I thank God for Andrew Gasser.

    He sure is taken a beating for the rest of us.

  6. The tax protest decision has nothing to do with spending one might consider improper.

  7. If there were excessive fund balances for 2014, then there will also be excessive fund balances for 2015, 2016, 2017.

    In fact, during the insuing years, the Algonquin Township’s Net Position has continued to increase.

    One might wonder what the Township’s current exposure may be for these subsequent years.

    Rather than pay off the litigants for these excessive taxation lawsuits for future years, it probably would be wiser for the Township to either adopt a large, one-time abatement or schedule a special board meeting to amend the levy request to cut next year’s levy down by whatever is necessary in order to bring existing fund balances into compliance.

    Otherwise, the Township is knowingly putting itself into legal jeopardy again facing another excessive taxtion lawsuit for this current levy request.

  8. Almost $124k + accrued interest just from the 2014 lawsuit?

    Sounds like this screw up will probably end up costing over $500k after the 2015, 2016 & 2017 suits are handled.

  9. Shouldn’t the Township Auditor and Township Attorney have been aware of the legal limits- what constitutes “excessive taxation” and advised Township officials accordingly to prevent this?

  10. Miller apologists are very silent.

    Turns out Miller regime is responsible for yet another legal issue.

    This along wiht the Union lawsuit fall clearly on Miller and his last minute maneuvering to make the public pay for having the audacity to end the family reign.

    Why the over assessment?

    The Miller apologists are quick to cite Millers knowledge and stewardship of the Road Commissioner role.

    They have no choice but then agree that this over assesment was planned.

    The question now to ask and answer is, “why?”

    What they were doing and what were the plans they had for distributing these extra funds?

    Maybe more discounted equipment to other Townships aka: Sweeper?

    More overtime for the secretary?

  11. Wait till McHenry Township, also sued, has to cough up.

    Examine Condon’s mystery ‘expenses’, forensically!

  12. Bob they don’t allow soap on a rope to in correctional places!

  13. Another half the story post by Cal.

    The Road levy was also part of the lawsuit and that was excused.

    It was excused because there was extra funding being saved for a major intersection improvement which had been scheduled to start in 2018.

    The township levy and the building/equipment levy were both hire because AT is on well and septic and both are presenting issues than need addressing.

    The estimate for hooking to Cary for W & S was around $1,000,000, check the minutes if you want.

    Problem is that AT lawyer Kelly didn’t present that fact are part of the defense, so the judge had no choice but to rule against with the info he had.

    Why didn’t Kelly have take the 5th Chuck testify about that or ask Miller that question?

    All the lawsuits have the hands of Chuck the 5th, and Kelly all over them.

Leave a Reply

Your email address will not be published. Required fields are marked *