Setback in Impact Fee Federal case Posted On:Mar 14, 2011 | Posted By:Glen
In a 2-1 decision today, the 7th Circuit U.S. Court of Appeals reversed the District Court decision that would have hastened horsemen's receipt of the Impact Fee monies. The Appellate Court reversed the racetracks' legal argument that the federal court lacked jurisdiction to hear this case. As a result, this case is sent back to the trial court for further court proceedings which could ultimately lead to a trial of the issues alleged by the casinos. The Court also decided 2-1 to dismiss Rod Blagojevich from this lawsuit based on his claim of legislative immunity. The Appellate Court also ruled that the Temporary Restraining Order which is holding monies collected from casinos and disbursed from the Horse Racing Fund continue to be maintained in an interest-bearing special escrow account pending resolution of this lawsuit. There are now a couple issues that may interest the U.S. Supreme Court if this case is appealed. Otherwise, the case will proceed at the trial court level. In either scenario, we can expect a long delay before an ultimate decision regarding these monies is made - maybe several years. The full 61-page opinion can be found at the 7th Circuit Court of Appeals website under Opinions.