Taxing bodies retain broad discretion in estimating the amounts necessary to carry out their lawful objectives and may proceed to levy real estate taxes based upon these estimates. People ex rel. Toynton v. Commonwealth Edison Co., 285 Ill. App. 3d 357, 360 (1996). The law presumes that a taxing body has properly discharged its legal duty and has not abused its discretion in making a real estate levy. Toynton, 285 Ill. App. 3d at 360.

¶ 24 "[A] tax objector can meet its burden to show an excessive accumulation by presenting evidence that the accumulation in the fund exceeds two to three times the average annual expenditures from the fund." People ex rel. Toynton v. Commonwealth Edison Co., 285 Ill.App.3d 357, 362 (1996). Where tax objectors demonstrate an accumulation of assets that exceeds two to three times a taxing body's foreseeable expenditures, the taxing body must be given an opportunity to present evidence as to why it needed to make an additional levy. Id. at 363.

A levy that results in an unnecessary accumulation of public money is illegal. People ex rel. Toynton v. Commonwealth Edison Co., 285 Ill. App.3d 357, 361, 674 N.E.2d 809, 812 (1996). A taxing body retains broad discretion in estimating the amounts necessary to carry out its lawful objectives.

Summary judgment may be granted when no genuine issue of material fact remains, and the case may be resolved as a matter of law. People ex rel. Toynton v. Commonwealth Edison Co., 285 Ill. App.3d 357, 360, 674 N.E.2d 809, 811 (1996). Carter argues that its motion for summary judgment should have been granted because, as a holder in due course, it has the right to recover on the checks from the drawer, Omni.

A grant of summary judgment is proper when there is no genuine issue of material fact and the case may be resolved as a matter of law. People ex rel. Toynton v. Commonwealth Edison Co., 285 Ill. App.3d 357, 360, 674 N.E.2d 809, 811 (1996). In this case, the trust account deposit agreement states: