Tomm's Redemption, Inc. v. Hamer

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2014 IL App (1st) 131005
Decision Date: 
March 10, 2014
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Justice: 
CONNORS
Holding: 
Affirmed.
(Court opinion corrected 3/13/14.) Section 35(a) of Video Gaming Act is intended to criminalize possession of certain gaming devices containing knockoff switch and retention meter, and statute is not unconstitutionally vague. Statute does not violate procedural due process, as no identifiable property interest exists. Tax decals are not licenses, but evidence of payment of annual tax on devices. Plaintiff did not seek leave to amend until midst of briefing on motion to reconsider court's dismissal with prejudice, which was final judgment, and Plaintiff then had no statutory right to amend.(HOFFMAN and CUNNINGHAM, concurring.)