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Court Finds That Illinois' Tax Sale Procedures Are Unconstitutional

Summary of  Kidd v. Pappas, No. 1:22-cv-07061 (N.D. Ill.).


Case Background

  • Plaintiffs (including Michelle Kidd and others) sued Maria Pappas (Cook County Treasurer) and Cook County, Illinois, alleging that the county’s property tax sale procedures violated constitutional rights by taking homeowners’ property without just compensation and imposing excessive penalties.


Major Rulings

  1. Class Certification Granted (July 7, 2025)

    • The court certified a class of former homeowners whose properties were lost through Cook County’s tax sale system.

  2. Summary Judgment Ruling (December 8, 2025)

    On cross-motions for summary judgment, the District Court (Judge Kennelly):

    • Denied the defendants’ motion for summary judgment on all claims.

    • Granted summary judgment in favor of the plaintiffs on key constitutional claims:


      • Fifth Amendment takings – The property tax sale process was found to result in deprivation of property rights without just compensation.


      • Eighth Amendment excessive fines – The court ruled that losing property equity through the tax sale system imposed punitive financial burdens subject to constitutional scrutiny.

    • Overruled sovereign immunity defense for these claims, meaning the county and treasurer could be held liable.

    • Monell liability and appropriate relief (damages/injunction) were not fully decided yet; those issues remain for further proceedings.


Core Legal Findings

  • The court found Cook County’s tax sale procedures are unconstitutional when they result in homeowners losing their property without compensation (akin to a taking under the Fifth Amendment) and impose what it characterized as “excessive fines” under the Eighth Amendment.


 Status of the Case

  • The case is ongoing — with constitutional liability established at summary judgment, but further proceedings are needed on damages, remedies, and any municipal (Monell) liability.  Additionally, on December 6, 2026, Maria Papas filed an appeal of the summary judgement ruling.

 
 
 
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