Illinois Supreme Court Issues Decision Rejecting Attempt to Obtain Refund from Joliet for Property Taxes on Evergreen Terrace

Will County State’s Attorney James Glasgow and Joliet Mayor Terry D’Arcy have announced that the Illinois Supreme Court will save the City of Joliet from paying out $6 million in back property taxes that had been sought by the former owner of the Evergreen Terrace.

In the unanimous opinion, the Supreme Court held that the plaintiff, MB Financial Bank, was not entitled to repayment of property taxes it paid between the date the condemnation complaint was filed and the date the city took possession of the property because MB enjoyed the continued use and benefit of the property during that time.

In 2005, the City of Joliet had filed a condemnation complaint and sought to acquire ownership of the Evergreen Terrace apartment complex through eminent domain. The City acquired title to the property in 2017 following 12 years of litigation. While the litigation was pending, the apartment complex remained in operation and the owner, MB Financial Bank, N.A., continued to pay property taxes without protest.

MB Financial filed a complaint in 2018, seeking a refund of the property taxes it had paid between the date the City filed the condemnation complaint and the date the City acquired ownership of the property.