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LAKE COUNTY RIVERBOAT v. ILL. GAMING BD.

No. 1-01-1317.

773 N.E.2d 159 (2002)

332 Ill. App.3d 127

265 Ill.Dec. 797

LAKE COUNTY RIVERBOAT L.P., by FRGP, L.P., its general partner, Plaintiff-Appellant, v. ILLINOIS GAMING BOARD, Defendant-Appellee, (Emerald Casino, Inc., formerly known as HP, Inc., Des Plaines Development L.P. d/b/a Harrah's Casino Cruise-Joliet, The Village of Rosemont, an Illinois municipal corporation, and West Central Municipal Conference, an Illinois not-for-profit corporation, Intervening Defendants-Appellees).

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied August 5, 2002.

Attorney(s) appearing for the Case

Glenn K. Seidenfeld, Sr., of Winnetka; and, Hugh C. Griffin, John M. Hughes, Hugh S. Balsam, and Sarah H. Dearing, Lord, Bissell & Brook, of Chicago, for Lake County Riverboat L.P., by FRGP, L.P., its general Partner.

James E. Ryan, Attorney General-State of Illinois, Joel D. Bertocchi, Solicitor General, and Mary E. Welsh, Assistant Attorney General, of Chicago, for Illinois Gaming Board.

William R. Quinlan, James R. Carroll, James A. Niewiara, and Jasmine de la Torre, Quinlan & Carroll, Ltd., for The Village of Rosemont.

Jeremiah Marsh, Michael A. Ficaro, Claudette P. Miller, and Ross E. Kimbarovshy, Ungaretti & Harris, of Chicago, and Kevin M. Forde, Janice R. Forde, Kevin Malloy, and Joanne R. Driscoll, Kevin M. Forde, Ltd., of Chicago, for Emerald Casino, Inc.

Jeremy D. Margolis, Theodore J. Low, Iain D. Johnston, and Kimberly M. DeShano, Altheimer & Gray, of Chicago, for West Central Municipal Conference.

John A. Janicik, and Michael K. Forde, Mayer, Brown, Rowe & Maw, of Chicago, for Harrah's Casino.

Justice WOLFSON delivered the opinion of the court:

Mark Twain wrote about the Mississippi River: "It is good for steamboating, and good to drink; but it is worthless for all other purposes, except baptizing." 1 Not quite.

In February 1990, the Illinois General Assembly decided riverboat gambling would be an economic benefit to the people of this State. The legislation authorized the Illinois Gaming Board (the Board) to issue ten...

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