Illinois High Court to Hear Tax Case

Fortnightly Magazine - June 1 1997
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The Illinois Supreme Court has agreed to hear an appeal filed by Ogle County tax authorities regarding the valuation of Commonwealth Edison's Byron nuclear plant for the tax years 1989-1992, and whether certain plant assets were taxable as real property or exempt as personal property.

The appeal concerns a December 1996 ruling by an Illinois appeals court that effectively changed an assessment from real to personal property.

The appeals court had affirmed a decision by the Property Tax Appeal Board that had overturned an assessment by the Ogle County Supervisor of Assessments in 1978. The original assessment had classified power generating machinery and equipment at the Byron plant as real property. The appeals court agreed that the tax board had acted properly in reclassifying the items as personal property, which is not subject to real estate taxation.


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