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FOUNDATIONS OF EAST CHICAGO, INC. v. CITY OF EAST CHICAGO

No. 49S02-0908-CV-00383.

933 N.E.2d 874 (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.

September 16, 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, 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 Appellees 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, State of Indiana.

On Petition for Rehearing

The present appeal concerns the constitutionality of a 2007 amendment to Indiana's gaming law that the City of East Chicago has contended authorizes it to redirect to itself, unilaterally, certain revenue from the riverboat gaming licensee operating in East Chicago dedicated in support of economic development.

We earlier declined to address the constitutionality of that amendment after concluding that there was a nonconstitutional...

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