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HAWTHORNE RACE COURSE v. ILLINOIS RACING

No. 1-04-3280.

851 N.E.2d 214 (2006)

HAWTHORNE RACE COURSE, INC., and National Jockey Club, Plaintiffs-Appellants, v. ILLINOIS RACING BOARD, Illinois Thoroughbred Horsemen's Association, Illinois Harness Horsemen's Association, Arlington Park Race Course, LLC, Balmoral Racing Club, Inc., Fairmount Park, Inc., Associates Racing Association, Inc., Maywood Park Trotting Association, Inc., Egyptian Trotting Association, Inc., and Suburban Downs, Inc., Defendants-Appellees.

Appellate Court of Illinois, First District, Sixth Division.

May 19, 2006.

Attorney(s) appearing for the Case

Edward M. White, Michael J. Murray, and George S. Lalich, of Carey, Filter, White & Boland, and Nash, Lalich & Kravolec, Chicago, for Appellants.

Lisa Madigan, Attorney General, Lorna Propes and Shelley Kalita, Special Assistant Attorneys General, Illinois Racing Board, Chicago, for Appellee Illinois Racing Board.

Herbert J. Theisen, Thomas Brejcha, of Tews, Theisen & Lawler, Chicago, for Appellee Illinois Thoroughbred Horsemen's Association, Inc.

Presiding Justice McNULTY delivered the opinion of the court:

This case involves interpretation of an odd provision in the Illinois Horse Racing Act of 1975 (the Act) (230 ILCS 5/1 et seq. (West 2004)). Licensees, who collect the bets and conduct the races, split a portion of the wagers with the horsemen, who own, train and race the horses. The Act specifies the allocation of the total wagered. In 1995 the legislature decided to allow betting on simulcast races...

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