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GOTSCH v. CITY OF BURBANK

Nos. 1-90-0340, 1-90-0341.

560 N.E.2d 1183 (1990)

203 Ill. App.3d 271

148 Ill.Dec. 586

Don GOTSCH d/b/a J & D Amusement, and Joseph Kasper d/b/a The Delta Lounge, Plaintiffs-Appellants, v. CITY OF BURBANK, a municipal corporation, and John W. Fitzgerald, as Local Liquor Control Commissioner of the City of Burbank, Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

September 18, 1990.

Attorney(s) appearing for the Case

Gierach, Schussler & Walsh, Ltd., Oak Lawn (James E. Gierach, of counsel), for plaintiffs-appellants.

Louis F. Cainkar, Ltd., Chicago (Michael G. Cainkar, of counsel), for defendants-appellees.

Presiding Justice DiVITO delivered the opinion of the court:

Plaintiffs sought declaratory and injunctive relief from the enforcement of an ordinance which prohibits poker machines, card machines, games or similar devices capable of awarding prizes or money from being located on the premises of licensed liquor establishments. Plaintiffs contended that their video poker machines are incapable of awarding prizes or money and, therefore, are not within the class of machines...

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