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BALMORAL RACING CLUB, INC. v. GONZALES

No. 1-02-0084.

788 N.E.2d 269 (2003)

338 Ill. App.3d 478

272 Ill.Dec. 965

BALMORAL RACING CLUB, INC., Ogden Fairmount, Inc., Hawthorne Race Course, Inc. and Maywood Park Trotting Association, Inc., Plaintiffs-Appellants, v. Ralph M. GONZALES, Chairman, Illinois Racing Board, William J. Chamblin, William E. Jackson, James M. Kane, Joseph F. Kindlon, Louise E. O'Sullivan, William J. Parrillo, Lorna E. Propes, Leon Shlofrock and John B. Simon, Members Thereof, Daniel W. Hynes, Comptroller, and Glen Brower, Director, Department of Revenue, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

March 31, 2003.

Attorney(s) appearing for the Case

Edward M. White, Michael J. Murray, Carey, Filter, White & Boland, Chicago, for Appellants.

James E. Ryan, Attorney General, Joel D. Bertocchi, Solicitor General, Jerald S. Post, Assistant Attorney General, Chicago, for Appellees.

Presiding Justice THEIS delivered the opinion of the court:

Plaintiffs, Balmoral Racing Club, Inc., Ogden Fairmount, Inc., Hawthorne Race Course, Inc., and Maywood Park Trotting Association, Inc. (plaintiffs), appeal from the circuit court's dismissal under sections 2-615 and 2-619 of the Code of Civil Procedure (735 ILCS 5/2-615, 2-619 (West 2000)) of their amended complaint for declaratory relief. On appeal, plaintiffs argue: (1) that the complaint was not barred...

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