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ATTORNEYS FOR APPELLANT CITY OF EAST CHICAGO, INDIANA Bruce Kotzan James Knauer William Bock, III Steven Runyan Indianapolis, Indiana ATTORNEYS FOR APPELLEE RIH ACQUISITIONS IN, LLC Karl Mulvaney Duane Denton Kelly Eskew Indianapolis, Indiana ATTORNEY FOR APPELLEE MICHAEL PANNOS James Richmond Chicago, Illinois

ATTORNEYS FOR APPELLEE EAST CHICAGO SECOND CENTURY, INC. James McNeely Brady J. Rife Shelbyville, Indiana Margaret Smith Indianapolis, Indiana Thomas Cappas Munster, Indiana Michael Pannos Merrillville, Indiana

FILED
Jun 30 2009, 11:25 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEES TWIN CITY EDUCATION FOUNDATION, INC. AND EAST CHICAGO COMMUNITY DEVELOPMENT FOUNDATION, INC. Peter Rusthoven Deborah Pollack-Milgate Paul Jefferson John Boyd Robert Grand Mark Crandley Indianapolis, Indiana ATTORNEYS FOR RESORTS EAST CHICAGO Ronald Gifford Scott Himsel Indianapolis, Indiana ATTORNEYS FOR INDIANA GAMING COMMISSION Norman Funk Rori Goldman Indianapolis, Indiana

ATTORNEYS FOR AMICUS CURIAE STATE OF INDIANA Gregory F. Zoeller Attorney General of Indiana Thomas M. Fisher Solicitor General of Indiana Heather Hagan Indianapolis, Indiana

In the

Indiana Supreme Court
_________________________________ No. 49S02-0808-CV-00436

CITY OF EAST CHICAGO, INDIANA,

Appellant (Third Party Defendant / Intervening Defendant / Third Party Plaintiff / Counterclaim Plaintiff / Cross-claim Plaintiff below), v. Appellee (Plaintiff / Counterclaim Defendant / Cross-claim Defendant below),

EAST CHICAGO SECOND CENTURY, INC.,

RIH ACQUISITIONS IN, LLC D/B/A RESORTS EAST CHICAGO,

Appellee (Defendant / Third Party Plaintiff / Counterclaim Plaintiff / Cross-claim Defendant below),

TWIN CITY EDUCATION FOUNDATION, INC., and EAST CHICAGO COMMUNITY DEVELOPMENT FOUNDATION, INC.,

Appellees (Intervening Plaintiffs / Third Party Defendants / Cross-claim Defendants below),

MICHAEL A. PANNOS, and THOMAS S. CAPPAS,

Appellees below).

(Third

Party

Defendants

_________________________________ Appeal from the Marion Superior Court, No. 49D01-0504-PL-014394 The Honorable Cale J. Bradford, Judge _________________________________ On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-0608-CV-631 _________________________________ June 30, 2009 Shepard, Chief Justice.

When riverboat gambling came to Indiana and to East Chicago, the applicant for the gaming license and the City of East Chicago negotiated certain arrangements to commit part of the resulting revenue toward economic and workforce development in the City. Several private corporations were

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created to facilitate those efforts. When the Indiana Gaming Commission issued a license for East Chicago, it conditioned the license on those arrangements.

On the issues joined by the City and these corporations in the present appeal (one of several appeals), we hold certain of the Citys claims should survive a motion to dismiss and others should not. We also hold the existing arrangements are subject to alteration, through the appropriate administrative channels, as the Indiana Gaming Commission on advice of the City and others may deem best for the future of East Chicagos residents.

I.

Facts and Procedural History

In 1993, Showboat Marina Partnership initiated the process of applying for a riverboat casino license for operations to be located in the City of East Chicago pursuant to Indianas Riverboat Gambling Act. See Ind. Code

Download City of East Chicago v. East Chicago Second Century, Inc..pdf

Indiana Law