Lucy Luck Gaming Inc. has appealed to stop an order of the Indiana Gaming Commission denying its renewal of a Vigo County casino owner's license.
The Indiana Gaming Commission on June 24 issued an order declaring Lucy Luck was ineligible for renewal of its casino owner's license. The commission said no executive team had been established and that Lucy Luck's financing was incomplete.
Greg Gibson, chairman of Lucy Luck Gaming, prior to its denial told the commission that he had a commitment from five Indiana banks and Lucy Luck Gaming would get the funding once a gaming (renewal) license is granted.
On July 12, Donald Morgan, an Indianapolis attorney for Lucy Luck Gaming, filed a petition with commission and the Indiana Office of Administrative Law Proceedings for stay of Order No. 2021-114, the commission's order denying Lucy Luck's license renewal.
In the petition, Morgan states a stay of the order "is the only way to avoid the potential procedural and practical nightmare that would result should a new license-application process move forward before a final determination is reached on Lucy Luck's application to renew that very same license."
Morgan noted that under Indiana law the "existing license does not expire until the agency has disposed of a proceeding under this chapter" concerning the renewal.
"The Commission has initially concluded that Lucy Luck is not eligible for renewal. But there is no dispute that Lucy Luck timely filed a completed application for renewal seeking to continue it ongoing activities with respect to the development of a casino in Vigo County," the petition for stay said.
"The Commission should therefore stay the effectiveness of the non-renewal order or otherwise issue an order clarifying that 'the existing license does not expire until the Commission has disposed of Lucy Luck's petition for review," the petition states.
When contacted Friday, Morgan told the Tribune-Star that he "does not have a comment at this time" on the petition.
Lucy Luck requested an expedited hearing before an administrative law judge, which was granted.
On July 27, a telephonic hearing was held before Elizabeth Gamboa, an administrative law judge. The hearing was to determine whether the Gaming Commission properly denied Lucy Luck's application to renew its license.
Gamboa ordered attorneys for the state agency and Lucy Luck to participate in discovery in an expedited manner.
Discovery is a pre-trial procedure in which both parties can obtain evidence from the other party by means of requests for production of documents, requests for admissions and depositions and interrogatories.
No discovery deadlines were set at that hearing.
A telephone status conference was set for Sept. 9 "at which time the parties will be expected to report on the progress of discovery."
Jenny Reske, deputy director of the Indiana Gaming Commission, said the commission is still accepting proposals for a Vigo County casino, with a deadline for those proposals on Sept. 22.