Developer asks state Supreme Court to rule on Kane Co. tax bill

The Illinois Supreme Court has been asked to weigh in on an Aurora developer's lawsuit against Kane County Treasurer David Rickert's rules for property tax payments.

The Bigelow Group Inc., filed an appeal last week to try to reverse a ruling requiring the real estate firm to pay the taxes on a plot of subdivided land, the Kane County state's attorney's office said.

It's up to county collectors to determine how the taxes will be paid on land, even if the plot has been subdivided in a taxing cycle, Judge Jack O'Malley, of the state's second district appellate court, said in a 22-page opinion.

"(Rickert) has within his discretion the power to accept or decline payment by specification as long as he does not violate the law," O'Malley wrote.

Bigelow and its clients who had purchased a subdivided property in Aurora Township sued Rickert after he held Bigelow responsible for paying the taxes on land that was subdivided after Sept. 10, 2004, and Sept. 10, 2005, according to court documents.

Bigelow Homes sold property to customers who paid the full year's property tax bill and received credit from Bigelow for a portion of the year when the developer owned the property, the documents show.

Rickert had previously allowed Bigelow and its clients to make payments individually, but a change in state law that took effect in 2003 gave county tax collectors the right to refuse the payments.

The case ended up in civil court and in a ruling May 12, 2006, Judge Michael Colwell sided with Rickert, and Bigelow's lawyers appealed to the Elgin-based appellate court.

It is unclear if the state Supreme Court will decide to hear arguments on Bigelow's appeal.