Judge dismisses suit challenging law allowing Rosemont casino

Mike Robinson

Thursday, Jan. 25, 2001 | 10:27 a.m.

CHICAGO - A Cook County judge on Thursday dismissed a lawsuit challenging the state law that allows investors to locate the Emerald riverboat casino in Rosemont, a suburb northwest of Chicago.

The opinion from Circuit Judge Robert Boharic is a defeat for a rival group of Lake County investors who claim they were illegally shut out of the bidding for a casino license.

The group wants to put a casino in Fox Lake and is expected to appeal the decision. It claims the 1999 law was the result of an unconstitutional political deal in Springfield.

The measure provided unrelated benefits to other casinos as well as a horse racing subsidy and billions of dollars for public works projects under Gov. George Ryan's Illinois First program.

All of that could collapse if the law were found unconstitutional, attorneys say.

In his 27-page decision, Boharic did not address the issue of whether the law is constitutional. Instead, he found that the Lake County Riverboat group lacks standing to challenge the law.

Boharic took note that to successfully challenge an Illinois law, the parties that raise the issue must prove the law injures them. He said Lake County Riverboat failed to meet that test.

"Plaintiff has no such claim, status or right," Boharic wrote. "It comes to this court as a rejected applicant for a license proposed for a license location not allowed by the law."

Attorney James Carroll, who represents Rosemont, said after the ruling that he hoped the Illinois Gaming Board would decide next Tuesday to take the final steps clearing the way for launching the boat in Rosemont.

"We are certainly pleased with the court's decision," Carroll said.

Michael Dockterman, who represented Lake County Riverboat, said he would have to consult with his clients before deciding whether to appeal, but he expected the law to be further challenged by them or another group.

He noted that Boharic's decision did not address the question of whether the 1999 law, which also gave unrelated benefits to existing riverboats and a subsidy for horse racing was constitutional.

Dockterman predicted the law would eventually be found unconstitutional.