Politics & Government
Did the Right People File the Orland Square Property Tax Objection?
Attorneys are researching whether the management company that filed the initial complaint has the right to sue in Illinois.
Attorneys for several local taxing bodies are trying to get dropped on the claim that the company which filed the initial lawsuit didn’t have the authority to do so.
Indiana-based Property Tax Management, LLC, which filed the complaints last year, is neither a taxpayer nor owner of Orland Square and is not registered with Illinois, according to attorney Ares Dalianis, who is defending two of the five taxing bodies that stand to lose millions of dollars in tax revenue.
Corporations and limited liability entities must register with the Secretary of State’s Office if they wish to do business in Illinois and initiate litigation.
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A Cook County judge did not grant the defense an immediate motion to dismiss the lawsuit, but “he expressed quite a bit of skepticism” about Property Tax Management acting as plaintiff in this case, Dalianis said.
Simon Property Group and Orland LP, the legal owners of the mall, have since filed an amendment to the original lawsuit in an attempt to add their names, Dalianis said.
Find out what's happening in Orland Parkwith free, real-time updates from Patch.
A spokesman from Simon did not return a message seeking comment.
Last month the judge gave defense attorneys and the county treasurer's office a 60-day break so that they could look into the issue. All parties are scheduled to be back in court on July 26.
According to a legal document reviewed by Patch, the mall owners believe their property should have been assessed at $22.8 million for each year between 2005 and 2008, and $15 million in 2009. The Cook County Assessor's Office assessed the mall at about $31.8 million between 2005 and 2007, and $33 million for 2008 and 2009.
If the mall wins, five Orland Park taxing bodies—including the municipal government, library, school districts and fire district—will be forced to refund a total of about $9.5 million.
But if Property Tax Management “filed this lawsuit without the authority to do so, that would...be a basis to dismiss the case with prejudice,” Dalianis said.
Updated Feb. 23, 2012, to clarify the homestate of Property Tax Management, LLC
