Petitioner, an investment company, appealed after the trial court granted a motion by respondent that vacated a prior order issuing a property tax deed to the petitioner. The trial court vacated the property tax deed after finding that respondent’s due process rights were violated and that the petitioner committed fraud. The appellate court reversed and remanded, finding that petitioner was not required to provide notice to a prior tax purchaser and, as a result, due process did not require petitioner to identity who had previously paid taxes on the property. The appellate court further held that the circuit court erred in finding that petitioner committed fraud because there were no facts in the record that supported a finding that petitioner failed to disclose any information known to it at the time of the prove-up hearing. (BRENNAN, concurring and McDADE, concurring in part and dissenting in part)
Illinois Appellate Court
Civil Court
Due Process