CWIK v. Giannoulias

Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride, Garman, and Burke concurred in the judgment and opinion.

OPINION

In this appeal, plaintiffs challenge the state’s retention of interest earned on property held by the state pursuant to section 15 of the Uniform Disposition of Unclaimed Property Act (765 ILCS 1025/15 (West 2004)). In proceedings below, the circuit court of Cook County denied the defendants’ motion to dismiss plaintiffs’ amended complaint, which sought recovery of interest on plaintiffs property (money) previously held by the state under the Act; however, the…