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BERRY v. COSTELLO

No. 47598.

62 Ill.2d 342 (1976)

341 N.E.2d 709

CHARLIE E. BERRY et al., Appellees, v. DAN E. COSTELLO, County Collector, Appellant.

Supreme Court of Illinois.

Opinion filed January 20, 1976.

Attorney(s) appearing for the Case

Robert H. Rice, State's Attorney, of Belleville (Robert L. Craig, Assistant State's Attorney, of counsel), for appellant.

Sam S. Pessin, of Belleville, for appellees.

Judgment reversed.

MR. JUSTICE RYAN delivered the opinion of the court:

Plaintiffs filed a class action in the circuit court of St. Clair County seeking a declaration that the mobile home privilege tax (Ill. Rev. Stat. 1973, ch. 120, par. 1201 et seq.) is unconstitutional. The named plaintiffs are owners of an inhabited mobile home and under protest paid the assessed tax of $90.72 for the year ending June 30, 1974. The circuit court declared the statute...

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