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Crusius v. Illinois Gaming Board

Case Date: 03/31/2004
Court: 1st District Appellate
Docket No: 1-02-2819 Rel

FIRST DIVISION
March 31, 2004

 

1-02-2819

  

PHILIP N. CRUSIUS, a State of Illinois Taxpayer, on Behalf of and
For the Benefit of the Taxpayers of the State of Illinois,

          Plaintiff-Appellant,

                    v.

ILLINOIS GAMING BOARD; GREGORY C. JONES,
TOBIAS G. BARRY, IRA ROGAL; ELZIE HIGGINBOTTOM, and
ROBERT A. MARIANO, in Their Official Capacities as Members of
the Illinois Gaming Board; DANIEL W. HYNES, in his Official
Capacity as Illinois State Comptroller; and JUDY BAAR TOPINKA,
in her Official Capacity as Illinois State Treasurer,

          Defendants-Appellees

(The Village of Rosemont, an Illinois Municipal Corporation,

          Intervenor Defendant-Appellee).

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)		 Appeal from
the Circuit Court
of Cook County

02 CH 07412

Honorable
Lester D. Foreman,
Judge Presiding

JUSTICE McBRIDE delivered the opinion of the court:

At issue in this case is the constitutionality of section 11.2(a) of the Riverboat GamblingAct (230 ILCS 10/11.2(a) (West 2000)), which allows "[a] licensee that was not conductingriverboat gambling on January 1, 1998[, to] apply to the [Illinois Gaming] Board for [license]renewal and approval of relocation to a new home dock location." Illinois citizen and taxpayerPhilip N. Crusius filed an action on behalf of all Illinois taxpayers and the State of Illinois seekinga declaratory judgment that section 11.2(a) violated the constitutional ban on special legislation(Ill. Const. 1970, art. IV,