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02/02/94 EDMOND BOOKER v. DESIREE GLAPION ROGERS

February 2, 1994

EDMOND BOOKER, PLAINTIFF-APPELLEE,
v.
DESIREE GLAPION ROGERS, DIRECTOR OF THE ILLINOIS STATE LOTTERY, AND THE DEPARTMENT OF THE LOTTERY, DEFENDANTS-APPELLANTS.



Appeal from the Circuit Court of the 10th Judicial Circuit, Peoria County, Illinois. No. 91-CH-103, 91-MR-165. Honorable Robert J. Cashen, Judge Presiding.

Petition for Leave to Appeal Denied June 2, 1994.

Honorable Allan L. Stouder, Justice, Honorable Peg Breslin, Justice, Honorable Michael P. Mccuskey, Justice

The opinion of the court was delivered by: Stouder

JUSTICE STOUDER delivered the opinion of the court:

The defendants, the Department of the Lottery and Desiree Rodgers, the Director of the Illinois State Lottery, appeal from a summary judgment entered in favor of the plaintiff, Edmond Booker. The record contains no transcript of the hearings before the circuit court; therefore, the facts presented are those gleaned from the cross-motions for summary judgment and the other pleadings found in the common law record.

The record shows the plaintiff purchased a Lotto ticket on July 7, 1990. There was a drawing that evening and the six winning numbers selected matched those on one of the plays on the plaintiff's ticket. The total amount of the Lotto Grand Prize that evening was $5,448,852.

On July 11, 1990, the plaintiff presented his winning ticket for validation. According to the plaintiff, he was subsequently informed that there was a second ticket sold which contained the six winning numbers. He was therefore told he was only entitled to one-half of the grand prize. The defendants commenced paying the plaintiff $2,724,426 in installments as provided by the Lottery's rules and regulations. The plaintiff maintained in his pleadings that at the time he presented his winning ticket he was not told that a second winning ticket existed.

The record shows the second winning ticket was not redeemed within one year of the drawing. On August 1, 1991, the plaintiff filed a "Complaint for Preliminary Injunction and Temporary Restraining Order" stating that he was entitled to the other half of the Lotto Grand Prize drawn on July 7, 1990. He further stated that he intended to pursue available administrative remedies and requested a temporary restraining order (TRO) to prevent the defendants from doing anything with the $2.7 million representing the other one-half of the July 7, 1990, Lotto prize. The circuit court granted the TRO, and following a hearing on August 9, 1991, the court granted a preliminary injunction.

On September 4, 1991, the plaintiff filed a "Complaint under Administrative Review." In the complaint, the plaintiff alleged he sent a request to a representative of the Illinois State Lottery, requesting a hearing, and that on August 20, 1991, the "Illinois Lottery Board" denied his request for a hearing. He requested a hearing on his entitlement to the $2.7 million and a judgment in that amount. Attached to the complaint was a letter dated August 20, 1991, from Assistant Attorney General, David Bo Mattson. The letter stated that the request for a hearing had been denied by the "Illinois State Lottery," and that no "administrative process" was available to the plaintiff because the relevant claim period expired one year after the July 7, 1990, Lotto drawing.

On September 18, 1991, the Attorney General filed a special and limited appearance contesting the jurisdiction of the circuit court. On October 9, 1991, the plaintiff's preliminary injunction action and the administrative review claim were consolidated in a single cause.

On April 20, 1992, the circuit court denied the motion for a special and limited appearance, and denied the defendants' motion to dismiss. The plaintiff's motion to add the Lottery Control Board as a defendant was granted. The court also granted the plaintiff's motion to add Count II to his administrative review claim. Count II was premised on section 13 of the Illinois Lottery Law (20 ILCS 1605/13 (West 1992)). The record shows the defendants subsequently filed a second motion to dismiss which was denied.

The plaintiff filed a motion for summary judgment, claiming there were no genuine issues of material fact, and that he was entitled to judgment as a matter of law. For purposes of the summary judgment motion, the plaintiff conceded that two winning tickets were issued which contained the winning numbers. The defendants filed a cross-motion for summary judgment.

On November 13, 1992, the circuit court entered an order denying the plaintiff's motion for summary judgment. The court allowed the plaintiff time to respond to the defendants' motion for summary judgment. In addition to filing a response, the plaintiff asked the court to reconsider the denial of his motion for summary judgment.

On January 19, 1993, following a hearing, the circuit court granted the plaintiff's motion to reconsider, granted the plaintiff's motion for summary judgment and entered a judgment in favor of the plaintiff in the amount of $2,724,426 to be "paid pursuant to contract." The defendants bring the instant appeal. The plaintiff has filed a motion requesting leave of this court to amend the pleadings to add a third ...


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