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CITY OF E. CHICAGO v. E. CHICAGO SEC. CENT.

No. 49A02-0608-CV-631.

878 N.E.2d 358 (2007)

CITY OF EAST CHICAGO, Indiana, Appellant (Third Party Defendant/Intervening Defendant/Third Party Plaintiff/Counterclaim Plaintiff/Crossclaim Plaintiff), v. EAST CHICAGO SECOND CENTURY, INC., Appellee (Plaintiff/Counterclaim Defendant/Crossclaim Defendant), RIH Acquisitions In, LLC, d/b/a Resorts East Chicago, Appellee (Defendant/Third Party Plaintiff/Counterclaim Plaintiff/Crossclaim Defendant), Twin City Education Foundation, Inc., and East Chicago Community Development Foundation, Inc., Appellees (Intervening Plaintiffs/Third Party Defendants/Crossclaim Defendants), Michael A. Pannos and Thomas S. Cappas, Appellees (Third Party Defendants).

Court of Appeals of Indiana.

December 21, 2007.

Attorney(s) appearing for the Case

James A. Knauer, William Bock, III, Steven E. Runyan, Kroger, Gardis & Regas, LLP, Steve Carter, Amicus Curiae, Attorney General of Indiana, Thomas M. Fisher, Solicitor General of Indiana, Heather L. Hagan, Deputy Attorney General, Indianapolis, IN, Attorneys for City of East Chicago.

J. Lee McNeely, Brady J. Rife, McNeely, Stephenson, Thopy & Harrold, Shelbyville, IN, Attorneys for East Chicago Second Century, Inc., Michael A. Pannos and Thomas S. Cappas.

Peter J. Rusthoven, Deborah Pollack-Milgate, Paul L. Jefferson, Barnes & Thornburg LLP, Indianapolis, IN, Attorneys for Twin City Ed. Foundation, Inc. and East Chicago Community Development Foundation, Inc.

Norman T. Funk, Rori L. Goldman, Hill, Fulwider, McDowell, Funk & Matthews, Indianapolis, IN, Attorneys for Ind. Gaming Comm.

OPINION

MAY, Judge.

The City of East Chicago ("East Chicago") appeals the denial of its motion for summary judgment and the dismissal of most of its counterclaims and cross-claims against the East Chicago Community Development Foundation and the Twin City Education Foundation (collectively "the Foundations") and East Chicago Second Century, Inc. ("Second Century"). It also asserts the trial court should not have

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