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EMERALD CASINO. INC. v. ILLINOIS GAMING BD.

Nos. 1-02-2309, 1-02-2716, 1-02-2825.

803 N.E.2d 914 (2003)

346 Ill. App.3d 18

281 Ill.Dec. 293

EMERALD CASINO, INC., formerly known as HP, Inc., an Illinois Corporation, Plaintiff-Appellant, v. ILLINOIS GAMING BOARD; Gregory C. Jones; Elzie Higginbottom, Robert A. Mariano; Ira Rogal and Tobias G. Barry, in their capacity as Members of the Illinois Gaming Board, Defendants-Appellees. Village of Rosemont, Intervenor.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied February 18, 2004.

Attorney(s) appearing for the Case

Kevin M. Forde and Joanne R. Driscoll, Kevin M. Forde, Ltd., Chicago, for Appellant.

Lisa Madigan, Attorney General-State of Illinois, Gary Feinerman, Solicitor General, and Mary E. Welsh, Assistant Attorney General, Chicago, for Appellees.

Robert M. Stephenson, David B. Goroff, Therese C. King, and Jason R. Bent, Foley & Lardner, Chicago, for Intervenor.

Presiding Justice WOLFSON delivered the opinion of the court:

The law is clear: "shall" means shall, except when it doesn't.

In this case we must decide what the legislature meant when it used "shall" in a 1999 amendment to the Riverboat Gambling Act (Act) (230 ILCS 10/1 et seq. (West 2000)). The answer to that question determines whether the amendment tells the Illinois Gaming Board (Board) it must grant Emerald Casino, Incorporated's (Emerald) application...

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