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HAWTHORNE RACE COURSE v. ILLINOIS RACING

No. 1-11-1780.

4 N.E.3d 117 (2013)

2013 IL App (1st) 111780

378 Ill. Dec. 518

HAWTHORNE RACE COURSE, INC., Plaintiff-Appellant, v. ILLINOIS RACING BOARD, in Their Official Capacity and Not Individually, Joseph J. Sinopoli, Chairman; and Joseph N. Casciato, W. Jack Chamblin, Angelo Ciambrone, William H. Farley, Timothy P. Martin, Jonathan P. Metcalf, Allan M. Monat, Michael E. Murphy, Paul B. Smith, Robert C. Winchester, Marc Laino, Arlington Park Racecourse, LLC, Maywood Park Trotting Association, Inc., Balmoral Racing Club, Inc., and Fairmount Park, Inc., Defendants-Appellees.

Appellate Court of Illinois, First District, Sixth Division.

February 8, 2013.

Attorney(s) appearing for the Case

Richard J. Prendergast, Ltd. ( Richard J. Prendergast and Michael T. Layden , of counsel), and Carey, Filter, White & Boland ( Michael J. Murray , of counsel), both of Chicago, for appellant.

Seyfarth Shaw LLP, Chicago ( P. Shawn Wood and Marcus L. Mintz , of counsel), for appellee Arlington Park Racecourse, LLC.

Lisa Madigan , Attorney General, Chicago ( Michael A. Scodro , Solicitor General, and Richard S. Huszagh , Assistant Attorney General, of counsel), for appellees Illinois Racing Board.

OPINION

Presiding Justice LAMPKIN delivered the judgment of the court, with opinion.

¶ 1 Plaintiff, Hawthorne Race Course, Inc. (Hawthorne), appeals the circuit court's ruling upholding the decision of defendant, the Illinois Racing Board (Board), in interpreting the Illinois Horse Racing Act of 1975 (Racing Act) (230 ILCS 5/54.75 (West 2010)). Plaintiff contends the Board erred in concluding that the percentage of the Horse Racing Equity Trust Fund...

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