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Tuesday, June 30, 2009

Ind. Decisions - A second opinion today from the Supreme Court

In East Chicago v. East Chicago Second Century, Inc., a 21-page, 4-1 opinion, Chief Justice Shepard writes:

When riverboat gambling came to Indiana and to East Chicago, the applicant for the gaming license and the City of East Chicago negotiated certain arrangements to commit part of the resulting revenue toward economic and workforce development in the City. Several private corporations were created to facilitate those efforts. When the Indiana Gaming Commission issued a license for East Chicago, it conditioned the license on those arrangements.

On the issues joined by the City and these corporations in the present appeal (one of several appeals), we hold certain of the City‟s claims should survive a motion to dismiss and others should not. We also hold the existing arrangements are subject to alteration, through the appropriate administrative channels, as the Indiana Gaming Commission on advice of the City and others may deem best for the future of East Chicago‟s residents. * * *

Conclusion. As detailed above, the trial court is affirmed on some points and reversed on others. We remand so that there can be further proceedings on the merits.

Sullivan, Boehm, and Rucker, JJ., concur.
Dickson, J concurring and dissenting with separate opinion.

Posted by Marcia Oddi on June 30, 2009 12:15 PM
Posted to Ind. Sup.Ct. Decisions