2023 IL App (3d) 220226
Ill. App. Ct.2023Background
- Deborah Thomas failed to pay 2015 real estate taxes; Old School Investments bought the certificate at the 2016 Will County tax sale, later assigned to DG Enterprises; redemption expired November 6, 2019.
- DG Enterprises filed a petition for a tax deed, personally served Thomas and caused a “take notice” to be mailed by the circuit clerk; it published the notice in the Herald-News (Joliet) on June 12–14, 2019 with a publisher’s certificate.
- Thomas moved to vacate after the court issued a tax deed, arguing section 22-20 required publication in a newspaper published in the municipality (Crete) and that the Vedette (a local paper) was published in Crete.
- Evidence: Vedette’s owner signed an affidavit saying the Vedette “publishes and circulates in Crete,” but Vedette’s Illinois Press Association form and the owner’s deposition indicated its point of publication was Peotone (editions printed in Lansing and distributed to Crete).
- The circuit court vacated the tax-deed order, adopting a “make known” definition of “published in” and finding a newspaper was published in Crete; the appellate court reversed, holding “published in” means the place where a paper is first issued/printed for distribution and that no paper was published in Crete, so Herald-News (Joliet) complied with §22-20.
Issues
| Issue | DG Enterprises' Argument | Thomas' Argument | Held |
|---|---|---|---|
| Meaning of “published in” in 35 ILCS 200/22-20 | Means the place where a newspaper is first issued/printed for distribution | Means “to make public” or “make known” (focus on circulation/reach) | Appellate court: “published in” = place where first issued/printed for distribution (Griffin/Garcia line) |
| Compliance with §22-20 here (was publication in Herald-News sufficient?) | No newspaper was published in Crete, so publishing in any county newspaper (Herald-News, Joliet) satisfied the statute | Vedette (local paper) was published in Crete, so Herald-News publication was improper | Evidence showed Vedette’s point of publication was Peotone; no paper published in Crete; Herald-News publication in Will County complied; vacatur reversed |
Key Cases Cited
- Garcia v. Tully, 72 Ill. 2d 1 (1978) (distinguishes publication from circulation; simultaneous circulation does not make a paper "published in" multiple localities)
- North Shore Savings & Loan Ass'n v. Griffin, 75 Ill. 2d 166 (1979) (holds "published in" means where a newspaper is first issued/printed for distribution)
- Polzin v. Rand, McNally & Co., 250 Ill. 561 (1911) (early definition equating "published in" with place first issued/printed)
- People ex rel. O'Connell v. Read, 256 Ill. 408 (1912) (similar to Polzin on point of publication)
- People ex rel. City of Chicago Heights v. Richton, 43 Ill. 2d 267 (1969) (adopts "make public/make known" meaning later superseded in notice-statute context)
- Second Federal Savings & Loan Ass'n v. Home Savings & Loan Ass'n, 60 Ill. App. 3d 248 (1978) (adopted "make known" approach prior to Garcia and Griffin)