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Appellate Court rules in favor of IVCC

OGLESBY — The Third District Appellate Court recently ruled in favor of Illinois Valley Community College concerning its ongoing litigation involving Marquis Energy LLC, and Putnam County and its clerk and recorder and treasurer.

In 2006, IVCC passed a resolution authorizing abatement of real estate taxes of new construction in the Bureau-Putnam Area Enterprise Zone pursuant to certain conditions.

“It is our position that the Putnam County ethanol plant owned by Marquis, which began operation in 2008, did not meet these conditions,” said IVCC attorney Walt Zukowski. “However, the Putnam County Clerk abated taxes attributable to the ethanol plant that would have otherwise been paid to the college.”

Failure to follow the resolution’s conditions has resulted in other taxpayers paying more and a loss of tax revenue to IVCC, said Zukowski.

"After it became apparent we could not resolve this controversy informally, IVCC filed suit in Circuit Court to obtain the abated tax revenue,” he said.

Due to reasons beyond the college’s control, it was not until May 14 of this year the Appellate Court heard oral arguments, and on July 9, ruled IVCC followed proper procedure for filing its complaint and that the Circuit Court can continue to hear the matter.

“We are pleased with the result and hopeful the matter will soon be resolved in a way that is fair to all parties involved,” said Zukowski.

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