Wednesday, November 25, 2015

Illinois Supreme Court to hear Elliott Aviation tax case

SPRINGFIELD -- The Illinois Supreme Court said Wednesday it will hear arguments in a case that will determine whether Elliott Aviation receives a property tax exemption for its Quad-Cities operations.

In July, the Illinois 3rd District Appellate Court rejected the property tax exemption granted to Elliott by the state legislature, ruling it unconstitutional and in violation of the Constitution's special legislation clause.

Elliott, 6601 74th Ave., Milan, asked in August that the Supreme Court take the case.

Bethany Krajelis, spokeswoman for the Supreme Court, said Wednesday the court announced it will hear arguments in the Elliott case, but no date has been set for arguments.

The Elliott case is among six the court picked to hear from about 200 petitions for leave to appeal, Ms. Krajelis said.

Greg Sahr, president of Elliott, said Wednesday, "We're pleased the Supreme Court accepted our appeal. We hope the court, like the Rock Island County Circuit Court, will find the legislation constitutional."

The Illinois General Assembly approved the legislation, sponsored by Rep. Pat Verschoore, D-Milan, and then Sen. Mike Jacobs, D-East Moline, that amended the Illinois Property Tax Code and granted an exemption specifically to any Fixed Base Operator that leases land from the Quad City International Airport.

Former Gov. Pat Quinn signed the bill into law in February 2013.

The Moline School District said it would lose $150,000 annually and filed a lawsuit against taxing authorities, alleging the law was unconstitutional special legislation. Elliott intervened in the case and won in Rock Island County Circuit Court, but the school district appealed.

On July 15, the 3rd District Appellate Court in Ottawa, in reversing the lower court's ruling, said the act violated the Illinois Constitution. They said nothing qualifies Elliott Aviation as "uniquely situated" and, as written, the special legislation "arbitrarily discriminates in favor of a select group."

Elliott states the appellate court overlooked several critical distinctions between the company and other businesses in Illinois, including the integral role it plays in the operation of the airport.

Dan Churchill, the attorney representing the school district, said he would not comment on pending litigation.

Robert Waterman Jr., Elliott's attorney, could not be reached for comment.

- Source:  http://www.qconline.com

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