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SUBURBAN DOWNS, INC. v. ILLINOIS RACING BD.

No. 1-00-0578.

735 N.E.2d 697 (2000)

316 Ill. App.3d 404

249 Ill.Dec. 93

SUBURBAN DOWNS, INC., Plaintiff-Appellant, v. ILLINOIS RACING BOARD, Balmoral Racing Club, Inc., Maywood Park Trotting Association, Inc., Associates Racing Association, Inc., Arlington International Race Course, Inc., National Jockey Club, Hawthorne Race Course, Inc., Ogden Fairmount, Inc., Illinois Thoroughbred Horsemen's Association, Illinois Harness Horsemen's Association, and Illinois Division, Horsemen's Benevolent and Protective Association, Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

August 18, 2000.

Attorney(s) appearing for the Case

Carey, Filter, White & Boland, Chicago (Edward M. White and Michael J. Murray, of counsel), for Appellant.

Jim Ryan, Illinois Attorney General (Daniel P. Fitzgerald, Michael J. Hayes, Sr. and John T. Roache, Special Assistant Attorneys General, of counsel) and Hopkins & Sutter (William J. McKenna, David B. Goroff and Martin J. Bishop, of counsel), Chicago, for Appellees.

Justice QUINN delivered the opinion of the court:

After a hearing to determine the allotment of racing dates for the year 2000, the Illinois Racing Board (the Board) refused to award harness racing dates to plaintiff Suburban Downs, Inc., instead awarding all harness racing dates to defendants Balmoral Racing Club, Inc. (Balmoral), and Maywood Park Trotting Association, Inc. (Maywood). The plaintiff's complaint for administrative...

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