Appeals court sends casino lawsuit back to Cook County

Monday, May 22, 2000 | 4:17 a.m.

The ruling by the 2nd District Appellate Court, received by parties in the case on Monday, is the latest round in a back-and-forth legal struggle that has cast a shadow over the state's riverboat gambling industry since Lake County developers sued the Illinois Gaming Board last fall.

The developers, known as Lake County Riverboat L.P., allege lawmakers violated the constitution by changing state gambling law to make sure operators of a defunct East Dubuque riverboat could move their dormant gambling license to Rosemont. The Lake County developers want a chance at the license.

If the lawsuit is successful, it could erase the Rosemont plan and reverse last year's highly lucrative switch from cruising to dockside gambling at the state's nine riverboat casino sites. But arguments over where the case should be heard have prevented any decision on the key issue of whether the law is constitutional.

The Lake County group has argued the case should be heard in the county where they wanted to build. Lawyers for the Gaming Board, Rosemont and Emerald Casino Inc., the Rosemont developers, contend the case should be heard in Cook County because that's where the Gaming Board has its main office.

A three-judge appellate panel on Friday rejected the Lake County Riverboat arguments, upholding the December decision of a Lake County judge to send the case to Cook County. Michael Dockterman, a Lake County Riverboat attorney, said his clients were considering whether to appeal.