BALMORAL RACING CLUB v. RACING BD.

Nos. 3-91-0187, 3-91-0230.

573 N.E.2d 306 (1991)

214 Ill. App.3d 112

157 Ill.Dec. 888

BALMORAL RACING CLUB, INC., and Chicago Division of the Horsemen's Benevolent & Protective Association, Inc., Plaintiffs-Appellees, v. ILLINOIS RACING BOARD, Arlington Park Racetrack, Ltd., d/b/a Arlington International Racecourse, Ltd., and Washington Park Thoroughbred Racetrack, Ltd., and Hawthorne Race Course, Inc., Defendants-Appellants, and Balmoral Park Trot, Inc., National Jockey Club, Inc., West Side Corporation, Ogden Fairmount, Inc., Quad City Downs, Inc., Egyptian Trotting Association, Inc., Associates Racing Association, Inc., Maywood Park Trotting Association, Inc., Fox Valley Trotting Club, Inc., and Suburban Downs, Inc., Defendants.

Appellate Court of Illinois, Third District.

May 30, 1991.


Attorney(s) appearing for the Case

Scott J. Szala, Dan K. Webb (argued), Frank H. Langrock, Darcy J. Bogenrief, Winston & Strawn, Chicago, Ill., for Arlington Park Racetrack, Ltd. and Washington Park Thoroughbred.

Paula Giroux (argued) Asst. Atty. Gen., Roland W. Burris, Atty. Gen., Rosalyn B. Kaplan, Asst. Atty. Gen., Chicago, Ill., for Illinois Racing Bd.

Edward M. White, Carey, Filter, White & Boland, Chicago, Ill., for Hawthorne Race Course, Inc., Suburban Downs, Inc.

Thomas Feehan, Rooks, Pitts & Poust, Joliet, Ill., for Balmoral Racing Club, Inc.

Jeremiah Marsh, Hopkins & Sutter, William J. McKenna, Jr. (argued), E. Glenn Rippie, Robert R. Hall, Jr., Hopkins & Sutter, Chicago, Ill., for Balmoral Racing Club.

Arthur Edward Engelland (argued), Chicago, Ill., Angela Riccio, Chicago, Ill., for Horsemen's Benevolent and Protective Ass'n Inc.

Thomas J. Gilbert, Gilbert & Schoenstedt, Joliet, Ill., for Balmoral Park Trot, Inc., Egyptian Trotting Assoc., Inc., Maywood Park Trotting Assoc., Fox Valley Trotting Club, Chicago Downs Assoc. and Associates Racing Assoc.

George Lalich, Nash & Lalich, Chicago, Ill., for Fox Valley Trotting Club, National Jockey Club, Inc., West Side Corp. and Chicago Downs Assoc., Inc.

Edward M. White, Carey, Filter, White & Boland, Chicago, Ill., for Hawthorne Race Course, Inc.

Lester McKeever, Jr., pro se, Registered Agent for Associates Racing Ass'n.


Justice BARRY delivered the OPINION of the court:

This is an appeal from an order of circuit court of Will County which reversed an order of the Illinois Racing Board insofar as the Board denied thoroughbred horse racing dates to Balmoral Racing Club, Inc., for 1991 and which remanded this cause to the Board with directions to award 62 thoroughbred dates between May 12 and December 30, 1991, to Balmoral. We reverse the order of the circuit court and reinstate the...

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