Lake Co. Riverboat L.P. v. Gaming Bd., No. 2-99-1434
2nd District, 19 May 2000
| LAKE COUNTY RIVERBOAT L.P., by FRGP, L.P., by its General Partner, Plaintiff-Appellant, v. ILLINOIS GAMING BOARD, Defendant-Appellee (Emerald Casino, Inc., f/k/a HP, Inc.; The Village of Rosemont; and West CentralMunicipal Conference, Intervening Defendants-Appellees). | Appeal from the Circuit Court ofLake County. No. 99--MR--793 Honorable John R. Goshgarianand Stephen R. Walter, Judges,Presiding. |
JUSTICE RAPP delivered the opinion of the court:
This case comes to us after the supreme court issued a supervisory order directing this court to grant plaintiff's, LakeCounty Riverboat L.P.'s (LCR), petition for leave to appeal pursuant to Supreme Court Rule 306(a)(4) (166 Ill. 2d R.306(a)(4)). On appeal, plaintiff challenges the trial court's order granting defendant, the Illinois Gaming Board (Board), andintervening defendants, Emerald Casino, Inc., f/k/a HP, Inc. (Emerald or HP), the Village of Rosemont (Rosemont), and theWest Central Municipal Conference (WCMC) (collectively, intervenors), a transfer of venue from Lake County to CookCounty. After all of the briefs were filed, the intervenors moved to strike portions of plaintiff's reply brief, arguing thatportions of the brief violated Supreme Court Rule 341(g) (177 Ill. 2d R. 341(g)) and that certain statements made in thebrief are unsupported by the record. We ordered the motion taken with the case. After careful consideration, we deny themotion.
I. FACTS
The facts relevant to this case are as follows. LCR sought to obtain a license for a riverboat gambling operation that itwished to locate on the Fox River in Lake County. According to LCR, the license it sought to obtain became availablewhen the Board, late in June 1997, denied HP's renewal application for its East Dubuque riverboat gambling operation. See86 Ill. Adm. Code