Indiana Judge Approves Lucy Luck Appeal Dismissal

Full House Resorts has dropped its lawsuit against the Indiana Gaming Commission, opening the way for Churchill Downs to receive the Vigo County gaming license.

Indiana Judge Approves Lucy Luck Appeal Dismissal

Full House Resorts recently filed a notice of dismissal in its lawsuit against the Indiana Gaming Commission, and Marion Superior Court Judge Patricia McMath immediately ordered the matter dismissed.

Full House filed the suit on December 17, 2021, after losing the competition for the Vigo County casino license to Churchill Downs Inc. Full House claimed the commission’s 7-0 vote to grant the license to Churchill Downs to build and operate the Queen of Terre Haute Resort and Casino should be nullified because the commission violated Indiana’s Open Door law.

Prior to the dismissal, IGC Chairman Mike McMains said, “I think the lawsuit is vindictive, malicious and I think it is frivolous. I am embarrassed for Full House for having done this. Did you really think the Indiana Gaming Commission is going to change their mind because you file a complaint? I rather doubt that is going to happen.”

IGC Deputy Director Jenny Reske noted, “We are free to move forward. We have already begun to plan a meeting with Churchill Downs to discuss timelines and projected opening dates.”

In its letter to dismiss, Full House legal representatives said the company never “intended for such action to delay economic development or be construed as malicious” and that even if the process were to be repeated, “the outcome is unlikely to be different.”

Earlier, Administrative Law Judge Elizabeth Gamboa signed an order to dismiss Lucy Luck Gaming’s appeal of the IGC’s decision to not renew Lucy Luck’s gaming license. Lucy Luck and the IGC had filed a joint motion requesting the dismissal. Lucy Luck’s $5 million license fee will be returned according to the settlement.