Appeals court stays transfer of gambling lawsuit

Thursday, Dec. 23, 1999 | 9:51 a.m.

Wednesday's stay from the Second District of the Illinois Appellate Court was at least a temporary victory for Lake County developers who want their lawsuit aimed at stopping the casino to be decided close to home. Opponents of the lawsuit had won a ruling Monday shifting the case from circuit court in Lake County to Cook County, where the state's gambling regulators meet.

The Lake County developers filed papers Tuesday with the appeals court contending Lake County Judge Stephen Walter was wrong to reverse the decision of the original judge in the case. That judge had ordered the case to stay in Lake County and issued a temporary restraining order preventing the Illinois Gaming Board from approving the casino in the Chicago suburb of Rosemont.

In their lawsuit against the Gaming Board, the developers behind Lake County Riverboat L.P. allege state lawmakers violated the constitution last spring by changing the law to make sure operators of a defunct East Dubuque riverboat could move their dormant gambling license to Rosemont. The developers want a chance to win the license and build a casino in Lake County.

The lawsuit was filed in October, but legal maneuvering and the suspension of the original judge for unrelated matters has prevented any decision on the core issues in the case.

The appeals court ordered the transfer stayed until further notice, and said a full appellate panel would consider whether to take up the venue issue on Jan. 4, 2000.

"Every citizen of Illinois who challenges the constitutionality of a statute ought to be able to bring suit where that citizen is injured, and Lake County Riverboat was injured in Lake County, because that's where they have invested millions of dollars," said Michael Dockterman, an attorney for the developers.

"We have no immediate comment on the appellate court's order, but we're confident that ultimately we'll prevail on the venue issue," said Dan Curry, a spokesman for the Illinois attorney general's office, which represents the Gaming Board.