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CRUSIUS EX REL. TAXPAYERS OF THE STATE OF ILLINOIS v. ILLINOIS GAMING BD.

No. 1-02-2819.

807 N.E.2d 1207 (2004)

348 Ill. App.3d 44

283 Ill.Dec. 366

Philip N. CRUSIUS, a State of Illinois Taxpayer, on Behalf of and For the Benefit of the TAXPAYERS OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. ILLINOIS GAMING BOARD; Gregory C. Jones, Tobias G. Barry, Ira Rogal; Elzie Higginbottom, and Robert A. Mariano, in Their Official Capacities as Members of the Illinois Gaming Board; Daniel W. Hynes, in his Official Capacity as Illinois State Comptroller; and Judy Baar Topinka, in her Official Capacity as Illinois State Treasurer, Defendants-Appellees (The Village of Rosemont, an Illinois Municipal Corporation, Intervenor Defendant-Appellee).

Appellate Court of Illinois, First District, First Division.

March 31, 2004.

Attorney(s) appearing for the Case

Better Government Association, Chicago (Terrance A. Norton and Jay E. Stewart, of counsel), for Plaintiff-Appellant.

Lisa Madigan, Attorney General (Mary E. Welsh, of counsel), and Gary S. Feinerman, Solicitor General, Chicago, for Defendants-Appellees.

Quinlan & Carroll, Ltd., Chicago (William R. Quinlan, James R. Carroll, James A. Niewiara, and Nicholas G. Grapsas, of counsel), for Intervenor Defendant-Appellee.

Justice McBRIDE delivered the opinion of the court:

At issue in this case is the constitutionality of section 11.2(a) of the Riverboat Gambling Act (230 ILCS 10/11.2(a) (West 2000)), which allows "[a] licensee that was not conducting riverboat gambling on January 1, 1998[, to] apply to the [Illinois Gaming] Board for [license] renewal and approval of relocation to a new home dock location." Illinois citizen and taxpayer Philip N. Crusius filed an action on behalf...

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