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FOUNDATIONS OF EAST CHICAGO v. EAST CHICAGO

No. 49S02-0908-CV-00383.

927 N.E.2d 900 (2010)

FOUNDATIONS OF EAST CHICAGO, INC., successor by merger to East Chicago Community Development Foundation, Inc. and Twin City Education Foundation, Inc., Appellant (Plaintiff below), v. CITY OF EAST CHICAGO, Appellee (Defendant below), and State of Indiana, Appellee (Intervenor-Defendant below).

Supreme Court of Indiana.

May 18, 2010.

Attorney(s) appearing for the Case

Peter J. Rusthoven, Mark J. Crandley, Deborah Pollack-Milgate, Paul L. Jefferson, Indianapolis, IN, Attorneys for Appellant Foundations of East Chicago, Inc.

Kathleen A. DeLaney, Amanda Couture, Indianapolis, IN, Attorneys for Amici Curiae Saint Stanislaus Church and School, the Twin City Ministerial Alliance, and the Northwest Indiana Federation, f/k/a Interfaith Federation.

Stephen J. Peters, David I. Rubin, Indianapolis, IN, Attorneys for Amici Curiae Neighbors Incorporated of Hammond, Indiana, St. Catherine Hospital, Inc., Workforce Development Services, Inc., Calumet College of St. Joseph, Inc., Janelle Scott, and The Hon. William H. Hudnut.

James A. Knauer, William Bock, III, Steven E. Runyan, Indianapolis, IN, Attorneys for Appellee City of East Chicago.

Gregory F. Zoeller, Attorney General of Indiana, Thomas M. Fisher, Solicitor General of Indiana, Heather L. Hagan, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee State of Indiana.

On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-0711-CV-00987.

SHEPARD, Chief Justice.

At the outset of riverboat gambling in this state, the Indiana Gaming Commission issued a license for operation of a boat at East Chicago. It incorporated as a condition of this license the terms of a local economic development agreement between the operator and the City of East Chicago, with the result that certain gaming revenue flowed from the operator...

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