Midwest Electronics Gaming, LLC v. The Illinois Gaming Board

Plaintiff, a video gaming terminal operator under the Video Gaming Act, filed a complaint for declaratory judgment seeking a declaration that a new rule amendment by the Illinois Gaming Board prohibiting automatic renewals of licensing agreements did not apply to any agreements entered into prior to the date the new rule went into effect, that the board’s interpretation of the rule in its communications with plaintiff was an unauthorized “rule” under the Illinois Administrative Procedure Act, and that retroactive application of the rule was unconstitutional. The circuit court granted plaintiff’s motion for summary judgment in part and denied it in part. The appellate court also affirmed in part and reversed in part, finding that the new provision prohibits the automatic renewal provision contained in the plaintiff’s existing use agreement and that the use agreement by its own terms adopted subsequent changes in the rules. (McBRIDE and ELLIS, concurring)