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EMERALD CASINO, INC. v. ILLINOIS GAMING BD.

No. 1-05-2319, 1-05-2542.

851 N.E.2d 843 (2006)

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, Illinois, an Illinois municipal corporation, Intervenor.

Appellate Court of Illinois, First District, Second Division.

June 13, 2006.

Attorney(s) appearing for the Case

Robert A. Clifford, Kevin P. Durkin, Michael S. Krzak, and John T. Karnezis, Clifford Law Offices, P.C., Chicago, for Appellant.

Lisa Madigan, Attorney General of Illinois, Gary Feinerman, Solicitor General, and Richard S. Huszagh, Assistant Attorney General, Chicago, for Appellees.

Robert M. Stephenson, David B. Goroff, Michael S. Shapiro, David A. Moore, and Daniel M. Cordis, Foley & Lardner, Chicago, for Intervenor.

Justice WOLFSON delivered the opinion of the court:

In December 2003, we held section 11.2(a) of the Illinois Riverboat Gambling Act (Act) (230 ILCS 10/11.2(a) (West 2002)) required the Illinois Gaming Board (Board) to grant Emerald Casino's September 24, 1999, application to renew its license and relocate its gambling business to Rosemont. Reversing the trial court, we remanded with instructions to enter summary judgment for Emerald and Rosemont in their declaratory...

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