Kirk v. Rosewell

Respondent, County Treasurer Edward J. Rosewell, appeals from an order of the circuit court requiring him to pay petitioner, Ann Kirk, $50,000 from an indemnity fund created to compensate owners of real estate who lose their property through tax sales. Respondent contends that the trial court erred in finding that petitioner was entitled to be indemnified for the loss of her property.

In April 1988, petitioner filed a claim for indemnity against respondent seeking recovery under section 247a(5) of the Revenue Act (Ill. Rev. Stat. 1987, ch. 120, par. 728a). Section 247a(5) provides:

“Any owner…