Assessment of Interest Against Municipalities In Illinois
In Kozak v. Retirement Board of the Firemen's Annuity & Benefit Fund, 128 Ill. App. 3d 678, 470 N.E.2d 1293, 83 Ill. Dec. 873 (1984) the plaintiff widow contended on appeal that a predecessor of section 2 of the Interest Act authorized her to receive prejudgment interest on an annuity ultimately granted the plaintiff prejudgment interest on equitable grounds ( Kozak, 128 Ill. App. 3d at 683), it rejected her argument that the predecessor of section 2 of the Interest Act authorized her to receive prejudgment payment initially denied to her by the Board. Kozak, 128 Ill. App. 3d at 680-81.
Although the reviewing court interest. Kozak, 128 Ill. App. 3d at 681.
The court stated it found "plaintiff's reliance on the interest statute to be misplaced because the statute does not specifically authorize the assessment of interest against municipalities." Kozak, 128 Ill. App. 3d at 681.
Nowhere in its decision, however, did the reviewing court in Kozak define "municipality" or indicate why it believed that the Board qualified as a municipality.