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The Seventh Circuit U.S. Court of Appeals has affirmed the grant of summary judgment for HeplerBroom’s client City of Waukegan (Illinois) in Waukegan Potawatomi Casino, LLC v. City of Waukegan. In doing so, the Seventh Circuit approved the way in which the City selected applicants to forward to the Illinois Gaming Board, determined the City Council had numerous rational reasons to reject the Potawatomi’s bid, and ruled the tribe could not prove that it was unfairly singled out for worse treatment through the elaborate conspiracy it alleged. Thus, it found that the plaintiff could not prevail on its class-of-one equal protection claim under 42 U.S.C. 1983.
The Seventh Circuit’s opinion was the third and final case in which HeplerBroom’s client prevailed in lawsuits challenging the City of Waukegan’s selection of its casino applicant. Earlier this year, the City prevailed in the Illinois Supreme Court on plaintiff’s claims for injunctive relief. Waukegan Potawatomi Casino, LLC v. Illinois Gaming Bd., 2025 IL 130036. Two years ago, the City prevailed before the Illinois Court of Appeals on Waukegan Gaming, LLC’s claims that it had the exclusive right to develop the casino. Waukegan Gaming, LLC v. City of Waukegan, 2023 IL App (2d) 220426.
As noted by the City’s current City Attorney:
Combined with the City’s recent win in front of the Illinois Supreme Court, this effectively ends all litigation associated with the Waukegan casino selection process, more than five and half years after the City Council sent its recommendations to the Illinois Gaming Board.
The 7th Circuit Court of Appeals recognized that the City’s selection process was open, fair, and based on facts. The plaintiffs never offered evidence that they were unfairly discriminated against. Instead, they alleged a vast conspiracy and asked the court to ignore the many rational reasons why the City Council voted not to certify their proposal to the Illinois Gaming Board. Both the District Court and the Court of Appeals saw through this and came to the right conclusion. Now that both the Illinois Supreme Court and the highest federal court in Illinois have ruled for the City, we look forward to the construction of a permanent home for American Place in Waukegan.
Davis and Insler worked with two mayors, multiple Boards of Aldermen, changing city administrators, and two City Counselors, in a highly politically charged environment, to get them through dozens of depositions and still secure the now affirmed summary judgment.