Runyan v. Kelley

The county collector of Du Page County filed his application for judgment for sale of real estate for delinquent 1971 taxes and for judgment fixing the correct amount of any taxes paid under protest. David G. Runyan and certain other taxpayers filed objection's to the application for judgment. Thereafter, the taxpayers were given leave to file an “amended complaint.”

The amended complaint was filed in due time, the State’s Attorney moved to dismiss and after a hearing the circuit court dismissed with prejudice. The taxpayers appeal.

The amended complaint sets forth the following basic facts:

In…