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HENRIKSEN v. ILLINOIS RACING BD.

No. 1-96-3925.

688 N.E.2d 771 (1997)

293 Ill. App.3d 569

228 Ill.Dec. 73

Per HENRIKSEN, Plaintiff-Appellant, v. ILLINOIS RACING BOARD, an agency of the State of Illinois; Gary Starkman, Richard H. Balog, Ralph M. Gonzalez, William E. Jackson, Gene Lamb, Lorna E. Propes, and John B. Simon, Members of The Board; and Richard Garrett, Brad Dye and John Eddy, stewards, Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

December 2, 1997.

Attorney(s) appearing for the Case

Law Offices of Michael J. Rovell (Jewel N. Klein, of counsel), for Plaintiff-Appellant.

James E. Ryan, Attorney General, Barbara A. Preiner, Solicitor General, Diane M. Buschmann, Assistant Attorney General, for Defendants-Appellees.

Presiding Justice McNULTY delivered the opinion of the court:

In this case we must decide the territorial extent of the Illinois Racing Board's jurisdiction. We find its power limited to racetracks in the State of Illinois.

Per Henriksen trains and drives horses. On September 2, 1995, one of the horses he trained raced in Illinois. A laboratory discovered a foreign substance, phenytoin, in the horse's urine after the race. Because the finding proved a violation...

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