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High court to hear riverboat receipts arguments

October 22, 2008

The Indiana Supreme Court will hear arguments Thursday in two cases involving the dispersion of a percentage of riverboat casino revenues in East Chicago.

At 9 a.m., the justices will hear City of East Chicago v. East Chicago Second Century, et al., No. 49S02-0808-CV-436. The city wanted the trial court to find void the agreement it had with Resorts East Chicago for the riverboat to distribute 3 percent of its future adjusted gross receipts to two non-profits and the city to fund economic development in East Chicago. The city wanted to direct the entire 3 percent to East Chicago, plus the 0.75 percent directed to Second Century, a for-profit that would assist the riverboat as a "catalyst" for economic development.

The Indiana Court of Appeals affirmed the denial of summary judgment in favor of East Chicago and held that all nine of the city's counterclaims should be dismissed on statute limitations grounds.

At 9:45 a.m., justices will hear Steve Carter, Indiana Attorney Genera v. East Chicago Second Century, et al., No. 49S02-0808-CV-437, in which the attorney general intervened in the East Chicago action. Carter sought an imposition of a public charitable trust or a constructive trust over the 0.75 percent of revenue distributed to Second Century. The Court of Appeals affirmed the trial court dismissal of the attorney general's counterclaim and cross claim. The trial court found Carter had no authority to assert his counterclaim and cross claim against Second Century and its principals for imposition of a constructive trust and an accounting of the money.

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