TERRE HAUTE, Ind. (WTWO/WAWV) — Lucy Luck Gaming, LLC, the company previously granted the operating license for the Vigo County casino, has filed an appeal after the Indiana Gaming Commission order denying renewal of that license on June 24.
According to documents obtained by mywabashvalley.com, Luck Luck Gaming is represented by Donald E. Morgan. Morgan filed a petition for stay of effectiveness of the order on July 12, saying in the petition that a stay is “sensible and appropriate” and “the only way to avoid the potential procedural and practical nightmare that would result in a new license application process”.
The petition went on to say that “there is no dispute that Lucy Luck timely filed a completed application for renewal seeking to continue its ongoing activities with respect to the development of a casino in Vigo County”.
According to the official order document from the June 24 ruling, the IGC found Lucy Luck to be ineligible for license renewal after “extensive review and considering all statutory and regulatory qualifications for renewal”.
The IGC also expressed concern that Lucy Luck’s financing was incomplete. It was also noted that an executive team has not yet been established.
On July 19, the Office of Administrative Law Proceedings assigned the matter to Administrative Law Judge Elizabeth Gamboa. An initial prehearing conference was scheduled for August 10 to consider several matters in the case.
The August 10 hearing was then expedited to July 27 after an order was filed by Gamboa.
In that telephone conference on July 27, Morgan appeared to represent Luck Luck and the IGC was represented by counsels Wayne Turner and Michael Limrick and IGC representatives Greg Small and Dustin Malloy.
According to documents filed from the OALP, both parties were ordered to participate in discovery, or evidence gathering, in an expedited manner. There were no discovery deadlines set, but a status conference was scheduled for September 9, during which the parties will report on the progress of discovery.
The telephonic meeting is set for 1 p.m. on Sept. 9.
Mywabashvalley.com reached out to Morgan. He said he has no comment at this time regarding the status hearing or the case.