Tax Protest Suit Against Crystal Lake Grade School District – Part 2

This is the second count in attorney Tim Dwyer’s tax protest suit against Crystal Lake Grade School District District 47:

DISTRICT 47 WORKING CASH FUND – EXCESSIVE ACCUMULATION

At the end of the fiscal year 2015, District 47 had $13,950,587 in its Working Cash Fund.

The average annual, three-year expenses for the District with respect to the Working Cash Fund is $0.

Nevertheless, District 47 issued a levy of $750,000 for its Working Cash Fund in December of 2015.

The levy amount of $750,000 coupled with the balance of $13,950,587 is more than three times the average annual expenses of the Working Cash Fund.

As a result of this excessive levy, District 47 will now have nearly $15,000,000 in its Working Cash Fund, when it already has excess funds of nearly $50,000,000.

As such, the levy of $750,000 for working cash is excessive, illegal and invalid.

Accordingly, the illegal rate of .047412 should be rebated to the Objectors.

Morreover, the vast majority of working cash funds (over $8,000,000) were deposited as investments and will not ripen for use until 2018.

Because the District has demonstrated no need for this levy, the illegal levy rate of .047412 should be rebated to the Tax Objectors.

WHEREFORE, Plaintiff Tax Protestors, pray that the Court consider the matters raised herein, find, determine and otherwise adjudicate that the Working Cash Fund levy adopted by District 47 is illegal, void and excessive as a matter of law, Order that the McHenry County Treasurer issue payments to the Tax Protestor Plaintiffs, award statutory interest pursuant to 35 ILCS 200/23-20, et. seq., and issue whatever further relief this Court deems just and appropriate.


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