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EMPRESS CASINO JOLIET CORP. v. GIANNOULIAS

Nos. 104586, 104587, 104590.

896 N.E.2d 277 (2008)

231 Ill.2d 62

EMPRESS CASINO JOLIET CORPORATION et al., Appellees, v. Alexi GIANNOULIAS, Treasurer of the State of Illinois, et al., Appellants.

Supreme Court of Illinois.

Rehearing Denied September 22, 2008.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield (Michael A. Scodro, Solicitor General, Jerald S. Post, Assistant Attorney General, Chicago, of counsel), for appellants.

Michelle Odorizzi, Hugh R. McCombs, Michael K. Forde, of Mayer Brown LLP, Chicago, for appellees.

William J. McKenna, Jr., Martin J. Bishop, David A. Moore, of Foley & Lardner LLP, Edward M. White, Michael J. Murray, of Carey, Filter, White & Boland, Chicago, for intervenor-appellants.

OPINION

Justice BURKE delivered the judgment of the court, with opinion:

In this case, we are asked to determine the constitutionality of Public Act 94-804 (the Act), which imposed, for a two-year period beginning on the effective date of the amendatory Act, a 3% surcharge on the four riverboat casinos in Illinois that had adjusted gross receipts (AGR) of over $200 million in the calendar year 2004. The remaining five riverboat casinos, all of which had...

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