Tag Archives: Michael Maloof

Unhappy taxpayers should follow appeals process

The Peoria Times-Observer is reporting that a bunch of North Peoria residents are “upset with the practices of the Peoria County Board of Review” and may file a lawsuit. Among those upset are realtors Michael Maloof and Brian Monge and county board member Bob Baietto.

One member of the group, who requested to be anonymous, said it appears the only way to affect change is a lawsuit.

“What it comes down to is politics,” he said. “I was incredibly naive. I thought we could win this by going through channels and giving them proof. I was wrong. We need to make noise. We need to find more people who are mad.”

The remaining members of the group agreed. A consensus was reached that efforts now need to concentrate on finding an attorney who can advise the group on what grounds they can use to sue.

Of course, the politics runs both ways. Some members of the county board attempted to resolve the situation by removing two Board of Review members: Gary Shadid and Nancy Horton. Having failed in that attempt, they’re now looking at a possible lawsuit.

But here’s my question: Have they indeed gone through all the channels, as was implied? Or have they only gone as far as the local Board of Review? According to a state publication called “The Illinois Property Tax System,” there are a couple of ways to appeal the decision of the local Board of Review:

  • The decision may be appealed (in writing) to the Property Tax Appeal Board, a five-member board appointed by the governor. The Property Tax Appeal Board will determine the correct assessment based on equity and the weight of the evidence. Taxes must be paid pending the outcome of the appeal.
  • The taxes can be paid under protest and the county board of review’s decision can be appealed directly to the circuit court by filing a tax objection complaint. Taxes and levies are presumed to be correct and legal, but this presumption can be rebutted. The taxpayer must provide clear and convincing evidence.

If the Board of Review’s actions are so unfair, then it should be a cinch to get them overturned on appeal. A large number of successful appeals could then be used as evidence of the local Board of Review’s alleged poor decisions and presented to the full County Board for appropriate action. On the other hand, if the decisions are upheld on appeal, then the local Board of Review will be exonerated.

Bottom line, the complainants should follow the appeals process, not resort to political and/or legal strong-arm tactics to force the Board of Review to render decisions in their favor.