Bueker v. Madison CountyAnnotate this Case
Plaintiffs brought a purported class action to recover damages resulting from an alleged scheme to inflate the interest rate delinquent property taxpayers in Madison County, Illinois, were compelled to pay to those who purchased delinquent taxpayer debt. Former Madison County Treasurer and Collector (Bathon) had purportedly agreed with certain defendants to manipulate the delinquent tax purchasing system, so that delinquent taxpayers were required to pay the maximum allowable interest to the purchasers of their tax debt to discharge the liens and redeem their properties. The purchasers of the tax debt allegedly provided financial support to Bathon. Plaintiffs brought suit against those involved in the scheme, Madison County, and RLI, the entity acting as surety on Bathon’s statutory public official bond under 55 ILCS 5/3-10003 and 35 ILCS 200/19-40. The bond identified “Madison County Government” as the named obligee. The court dismissed, finding that plaintiffs were not proper claimants under the terms of the public official bond or under the statutes. The appellate court affirmed. The Illinois Supreme Court affirmed. Private citizens are precluded from making claims on the statutorily mandated public official bond at issue.