ILLINOIS: One Casino Fight Ends

The first action that challenged the awarding of a license to Emerald Casino to build a floating casino in Rosemont, Ill., ended last week when the state Supreme Court refused to reconsider an Appellate Court ruling in the case.

The license was transferred to Rosemont in 1999 from a Mississippi River casino. The case questioned whether the language in a state law that said the Illinois Gaming Board "shall" approve the transfer meant the board "must" approve the transfer.

The lower court said the board had discretion in the case, and permitted the exchange. The transfer was the first step in what has become a lengthy battle over the license. While the courts have begun to dispose of the legal actions against the casino, Attorney General Lisa Madigan has vowed to challenge the license.

At issue now are the powers of the Illinois Gaming Board, which approved the sale of the license to Isle of Capri to operate a casino in Rosemont. Madigan has said she would challenge that approval. The bankruptcy case ended two weeks ago when a Chicago judge approved Emerald's plan of reorganization.

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