An appeals court has ruled against Commonwealth Edison Co. in a tax case aimed at the budgeting practices of a Will County school district in which the company’s Braidwood nuclear power plant is located.
In an opinion made public Friday, the Illinois Appellate Court in Ottawa rejected the utility’s contention that its taxes should be refunded by Reed-Custer School District 255U because the district adopts a tax levy before it creates a budget.
The suit challenged taxes paid by Edison from 1991 through 1993. School officials have said that Edison’s taxes account for 95 percent of their operating budget.
Edison contended that the district’s budget practices violated state law because taxes levied in one year were spent in subsequent years.
The appeals court ruled, however, that the taxes represented “cash on hand” that could be carried over into the following year.
