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WIRTZ v. QUINN

Nos. 1-09-3163, 1-10-0344.

942 N.E.2d 765 (2011)

W. Rockwell WIRTZ, an Individual and Wirtz Beverage Illinois, LLC, an Illinois Limited Liability Company, on Behalf of and for the Benefit of the Taxpayers of the State of Illinois, Plaintiffs-Appellants, v. Patrick QUINN, in His Official Capacity as Governor of the State of Illinois; Daniel W. Hynes, in His Official Capacity as Comptroller of the State of Illinois; Alexi Giannoulias, in His Official Capacity as Treasurer of the State of Illinois; The Department of Revenue; Brian Hamer, Director of Revenue; The Illinois Gaming Board; Aaron Jaffe, Charles Gardner, Eugene Winkler, Joe Moore, Jr., and James E. Sullivan, as Members of the Illinois Gaming Board; The Illinois Lottery; and Jodie Winnett, Superintendent of the Lottery, Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

January 26, 2011.

Attorney(s) appearing for the Case

Ungaretti & Harris, LLP, of Chicago (Sam Vinson, Floyd D. Perkins, Claudett P. Miller and Seth A. Horvath, of counsel), for Appellants.

Lisa Madigan, Attorney General for the State of Illinois, of Chicago (Solicitor General Michael A. Scodro and Assistant Attorney General Richard S. Huszagh, of counsel), for Appellees.

OPINION

Presiding Justice QUINN delivered the judgment of the court, with opinion.

Plaintiffs, W. Rockwell Wirtz and Wirtz Beverage Illinois, LLC, on behalf of all taxpayers situated in the State of Illinois, brought this suit pursuant to section 11-303 of the Illinois Code of Civil Procedure (Code) (735 ILCS 5/11-303 (West 2008)), seeking to enjoin the disbursement of public funds by the defendant public officials in connection with the "Capital Projects...

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