πŸ€‘ Selle: Waukegan's bid to land a casino goes back to on the Waukegan River - Chicago Tribune

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2019 LAKE CHARLES GAMBLING TRIP

In Falstad, the court addressed the question of whether a successor judge erroneously overruled a prior judge's discretionary discovery order. In support of this argument, plaintiff cites In re Marriage of Falstad, Ill. The case was assigned to Judge John R. A trial judge may review, modify, or vacate an interlocutory order at any time before final judgment, even if the original order was entered by another trial judge Balciunas v. Illinois Central Gulf R. However, the Board also resolved that it was committed to a competitive application process in awarding any future licenses. He also noted that the venue motions filed by Emerald and Rosemont were still pending because the intervening parties were not granted leave to intervene until after Judge Goshgarian ruled on the Board's motion. We ordered the motion taken with the case. Moreover, Rosemont's motion to transfer venue was technically not before the trial court because Rosemont was not yet a party to the litigation. On October 19, , the Board moved to transfer venue to Cook County. Shortly after the denial, HP ceased all operations. The Board therefore prepared to renew HP's license and approve its relocation to Rosemont under the new name of Emerald Casino. Plaintiff makes two arguments concerning the propriety of Judge Walter's venue ruling. This action kept HP's license in full force and effect. The Board did not appeal Judge Goshgarian's venue order, though it clearly had the right to seek leave to appeal. Falstad does not involve intervening parties or conditions placed on such parties.

Emerald Casino, Inc. Judge Goshgarian lake county riverboat casino that Lake County was a proper venue because LCR's preparatory actions caused legal positions to change, thereby amounting to a continuing "transaction" under the second prong of section a of the Code. Rosemont's motion to transfer venue was accompanied by a memorandum of law raising arguments identical to those raised by the Board in its motion.

Atty Gen. Under the terms of HP's lake county riverboat casino, it was required to maintain operations in order to retain its license. Judge Walter was administratively assigned to the case after Judge Goshgarian was temporarily suspended from the bench.

Moreover, in this case, Judge Goshgarian's order allowing intervention did not expressly state that the parties were bound by earlier orders or judgments. West The hearing officer noted that HP admitted that it intended to relocate its gaming operations to Rosemont and, relying article source an earlier Attorney General's opinion finding that relocation of HP's operations could not occur without the opportunity for other prospective operators to apply for the license Ill.

However, HP protested the Board's decision and exercised its right to a de novo administrative proceeding regarding the denial. Judge Goshgarian's order granting intervention simply prohibited the intervenors from delaying the proceedings in any way, consistent with the proceedings of November 16, At the November 16,hearing Judge Goshgarian stated that he did not want new issues brought into the case but that "new positions" were okay.

Therefore, the Board go here LCR to reapply for a license when one became available.

On November 19, Judge Goshgarian was suspended from the bench for unrelated reasons, and the case was transferred to the chief judge for reassignment. After a series of substitutions and recusals, the case was finally reassigned to Judge Steven R. Plaintiff first contends that Judge Walter's venue ruling was erroneous because Judge Walter failed to adhere to the conditions of intervention established by Judge Goshgarian.

The facts relevant to this case are as follows. On December 20,Judge Walter held a hearing at lake county riverboat casino he revisited the venue issue.

Following subsequent proceedings, this appeal followed. The Board subsequently scheduled a meeting for October 26,to take action pursuant to section The meeting was to take place at the Board's offices in Cook County. See City of Elgin v. On appeal, plaintiff challenges the trial court's order granting defendant, the Illinois Gaming Board Boardand intervening defendants, Emerald Casino, Inc.

Judge Goshgarian heard the three petitions to intervene on November 16, At the hearing, the following colloquy took place:. In response, on October 22,LCR filed an emergency petition for a temporary lake county riverboat casino order TRO against the enforcement of section On October 27,Rosemont filed an emergency petition to intervene and, during a brief hearing, stated that it was joining in the Board's motion to transfer venue to Cook County.

Lake county riverboat casino v. On the other hand, where the successor judge finds that the previous interlocutory order is erroneous as a matter of law, the successor judge, absent evidence of judge shopping, has the power to correct the previous order regardless of the existence of new matter.

Bucklew v. Falstad is simply unhelpful to plaintiff's position. Https://kartinki-besplanto.online/casino/mississippi-casino-age-laws.html from the Circuit Court of Lake County.

After careful consideration, we deny the motion. The issue thus narrows to whether Lake County is an improper venue.

An order fixing or transferring venue is an interlocutory order. We reject plaintiff's contention that Judge Walter ignored the conditions of intervention set by Judge Goshgarian.

Emerald and Rosemont immediately noticed their motions to transfer venue for a hearing here the new trial judge.

LCR did not challenge the Board's decision. Hence, Judge Walter's decision to reconsider venue was proper only if Judge Goshgarian's ruling was erroneous as a matter of law. Watts, Ill.

LCR sought to obtain a license for a riverboat gambling operation that it wished to locate on the Fox River in Lake County. After all of the briefs were filed, the intervenors moved to strike portions of plaintiff's reply brief, arguing that portions of the brief violated Supreme Court Rule g Ill. Plaintiff's underlying constitutional challenge to section The sole issue on appeal is whether Judge Walter's order transferring venue to Cook County was proper. Following the October 28, , hearing, Judge Goshgarian denied the Board's motion to transfer venue and scheduled a later hearing on intervention. In circumstances where the interlocutory order involved the exercise of the prior judge's discretion, a successor judge may overturn the order only where new matter is brought to light and there is no evidence of judge shopping. With the exception of the introduction of the intervening parties, no new matter was presented on reconsideration of Judge Goshgarian's venue ruling. McClain, Ill. Judge Goshgarian granted the petitions to intervene, ordering only that the intervenors not delay the proceedings in any way, consistent with the proceedings of November 16, The order did not state that the intervenors were bound by earlier orders or judgments of the court. Thus, according to LCR, HP's license expired by its own terms and was available to be awarded to another operator. Towns v. This indicates that Judge Goshgarian contemplated the intervenors making motions to reconsider previous rulings. Being sued in a proper venue is an important statutory privilege. Illinois Commerce Comm'n, Ill. This case comes to us after the supreme court issued a supervisory order directing this court to grant plaintiff's, Lake County Riverboat L. Plaintiff's second contention is that because Judge Goshgarian's venue ruling was discretionary Judge Walter had no authority to reconsider the ruling absent a showing of a substantial change in circumstances or presentation of additional facts or new law warranting modification. At the outset of the hearing, Judge Walter stated that he understood that the intent behind the intervenors asking for a hearing on their venue motions was for the purpose of reconsidering Judge Goshgarian's earlier venue ruling. County of Cook, Ill. After hearing arguments, Judge Walter found that Judge Goshgarian's venue ruling was erroneous as a matter of law and ordered the case transferred to Cook County. The purpose behind venue statutes is to protect defendants against a plaintiff's arbitrary selection of forum. Judge Walter had the right to reconsider Judge Goshgarian's interlocutory venue ruling either 1 if the ruling was discretionary and new matter justified reconsideration, or 2 if the ruling was erroneous as a matter of law, regardless of the existence of new matter. WCMC did not file a motion to transfer venue and never indicated that it was joining in the other parties' motions. Here, there is no evidence of judge shopping. Rosemont also filed its own written motion to transfer venue that incorporated, by reference, the Board's motion to transfer venue. See Ill. The Board determined that the denial was without prejudice because it did not render a judgment on the merits of the application. See 86 Ill. According to LCR, the license it sought to obtain became available when the Board, late in June , denied HP's renewal application for its East Dubuque riverboat gambling operation. Nor does Falstad stand for the proposition that a successor judge must adhere to conditions of intervention placed on intervening parties. Before the Board acted upon the hearing officer's recommendations, the legislature passed Public Act , adding section Section HP was the only entity able to benefit from the passage of section As a result of the new legislation, in September , the Board ruled that the hearing officer's recommendations were moot. The complaint sought injunctive relief and a declaratory judgment concerning the constitutionality of section LCR alleged that section LCR also alleged that it suffered a constitutional injury because it made substantial efforts and expended substantial amounts of money to qualify for a license and the passage of section As a result, LCR sought to enjoin the Board from enforcing the allegedly unconstitutional provision. However, the power of a successor judge to review an interlocutory order of a prior judge in the same case is not limitless. Yellow Cab Co. Monsanto Co. Duff, 94 Ill. At the time, LCR did not have an application pending before the Board.