Court denied request of Illinois Gaming Board to dismiss counts against them, and granted summary judgment in favor of Plaintiff on declaratory judgment action. Court erred in finding that it had jurisdiction to rule on validity of the Disassociation Order under the facial-challenge exception. Court erred in concluding that there were no relevant facts in dispute and no occasion for the Gaming Board to apply its expertise.Resolution of criminal charges against one Plaintiff is a relevant undetermined fact. Issues of whether disassociation is necessary to uphold goals of Video Gaming Act and, if so, proper scope of that disassociation are mixed questions of fact and law that must be addressed first by the Gaming Board, which are properly addressed first through administrative proceedings. Court erred in making determinations of fact, or mixed fact and law. Once court resolved legal challenges properly presented in requests for declaratory judgment, it had no jurisdiction to proceed further. (HUTCHINSON and BIRKETT, concurring.)
Illinois Appellate Court
Civil Court
Gambling