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CITY OF GARY v. MAJESTIC STAR CASINO, LLC

No. 49A02-0807-CV-625.

905 N.E.2d 1076 (2009)

CITY OF GARY, INDIANA, Appellant-Defendant, v. The MAJESTIC STAR CASINO, LLC, the Majestic Star Casino II, Inc. f/k/a Trump Indiana, Inc., Gary New Century, LLC, Appellees-Plaintiffs, and The Indiana Gaming Commission, Appellee-Defendant.

Court of Appeals of Indiana.

May 14, 2009.

Attorney(s) appearing for the Case

Hamilton Lonnie Carmouche, Merrillville, IN, Attorney for Appellant.

Susan M. Severtson, Carl C. Jones, Gary, IN, Attorney for Appellant, City of Gary, Indiana.

Gregory F. Zoeller, Attorney General of Indiana, David L. Steiner, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee, Indiana Gaming Commission.

Peter J. Rusthoven, Paul L. Jefferson, E. Timothy Delaney, Barnes & Thornburg, Indianapolis, IN, Attorneys for Appellee, Majestic Companies.

OPINION

BROWN, Judge.

In this interlocutory appeal, the City of Gary appeals an order denying the City's motion to transfer venue and an order denying the City's motion for a preliminary injunction to compel Majestic Star Casino, LLC ("Majestic Star I") and the Majestic Star Casino II, Inc. ("Majestic Star II") (collectively "Majestic Star") to make payments from adjusted gross receipts to the City. The City raises two issues, which we revise and restate...

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