IN THE IOWA DISTRICT COURT FOR POLK COUNTY BELLE OF SIOUX CITY, UP. S ~E. Pe~ioner, Case No. Ct1 93? ~Ev. ~ = PETITION FOR JUDICIAL REVIEW LdIOy~& RARING AND GAMING CO~MIS~ON, Defe ndant-respondent COMES NOW Belle of Sioux City, L.P., who hereby files a Petition for Judicial Review. In support of that Petition, the Petitioner states as follows: 1. This is a proceeding for judicial review of actions by the Iowa Racing and Gaming Commission ( IRGC or the Commission ) pursuant to Iowa Code Chapters 99D and 99F, and Iowa Code Chapter 1 7A, specifically including but not limited to I 7A. 19. 2. Petitioner Belle of Sioux City, L.P. (the Belle or Petitioner ) is a limited partnership organized and existing under the laws of Iowa with its principal place of business at 100 Larsen Park Road, Sioux City, IA 51102. The Belle is the licensed operator, under Iowa Code Chapter 99F, of the Argosy-Sioux City riverboat casino ( Argosy Casino ) in Sioux City, Woodbury County, Iowa. 3. Missouri River Historical Development, Inc. ( MRHD ) is a qualified sponsoring organization under Iowa Code Chapter 99F. 4. Pursuant to the Management and Operation Agreement between MRHD and Belle, Belle is MRHD s sole and exclusive agent to assist MRI-ID in retaining its license to operate Gambling Games and to assist MRHD in meeting all requirements for the satisfaction of all legal and fiscal requirements for the maintenance and continuation of such license. (02006532,00C)
5. Respondent, the Iowa Racing and Gaming Commission, is a state agency organized and existing under the laws of Iowa with its principal place of business in Des Moines, Polk County, Iowa. 6. Venue is proper in Polk County pursuant to Iowa Code 1 7A. 19(2). 7. The agency actions appealed from include the following actions by the IRGC on or about July 12, 2012: (1) the refusal to grant formal approval of a contract between the Belle and MRHD which extended the Management and Operation Agreement through March 31, 2015 (the Extension ), and to purport to require the Belle and MRHD to extend the Management and Operation Agreement only through March 31, 2013, jeopardizing the license to conduct gambling games and operate the Argosy Casino, (2) the presentation and adoption of the timeframe and procedures for interested parties to build and operate a land-based casino in Woodbury County, Iowa, and (3) all other adverse actions taken regarding Petitioner s license or limitations regarding the Petitioner s license on the same date or thereafter. 8. Petitioner is entitled to judicial review under the criteria set forth in Iowa Code Section 17A. 190). 9. Substantial rights of the Petitioner are affected by the identified actions of the IRGC. The IRGC s actions are in violation of the Belle s rights under several statutory provisions and regulations, including, but not limited to, Iowa Code ~ 99F.7(2)(c) and 99F.4D(2), Iowa Adn7in. Code ~ 491-1.7 and 49 1-5.4(8), as well as the guarantees of due process and equal protection under the Iowa and U.S. Constitutions, and the prohibitions on uncompensated taking of private property and the impairment of contracts under the Iowa and U.S. Constitutions. {02006532DOC)
10. Relief from the IRGC s actions is based on one or more of the following grounds under Iowa Code Section 17A.19: a. The actions are unconstitutional on their face or as applied or are based upon a provision of law that is unconstitutional on its face or as applied. b. The actions are beyond the authority delegated to the agency by any provision of law or in violation of any provision of law. c. The actions are based upon an erroneous interpretation of a provision of law whose interpretation has not clearly been vested by a provision of law in the discretion of the Commission. d. The actions are based upon a procedure or decision-making process prohibited by law or were taken without following the prescribed procedure or decision-malcing process. e. The actions are based upon a determination of facts clearly vested by a provision of law in the discretion of the Commission that is not supported by substantial evidence in the record before the Court when the record is viewed as a whole. f. The actions are other than a rule and is inconsistent with a rule of the Commission. g. The actions are other than a rule and are inconsistent with the Commission s prior practice or precedent. h. The actions are the product of a decision-making process in which the Commission did not consider a relevant and important matter relating to the propriety or desirability of the actions in question that a rational decision maker in similar circumstances would have considered prior to taking those actions. i. The actions are not required by law and their negative impact on the private rights affected is so grossly disproportionate to the benefits accruing to the public interest from those actions that they must necessarily be deemed to lack any foundation in rational Commission policy. j. The actions are based upon an irrational, illogical, or wholly unjustifiable interpretation of a provision of law whose interpretation has clearly been vested by a provision of law in the discretion of the Commission. k. The actions are based upon an irrational, illogical, or wholly unjustifiable application of law to fact that has clearly been vested by a provision of law in the discretion of the Commission. 1. The actions are unreasonable, arbitrary, capricious, or abuses of discretion. {02006532D0C}
WHEREFORE, Belle of Sioux City, L.P. prays that the District Court declare the actions of the Iowa Racing and Gaming Commission identified in paragraph 7 above to violate the provisions and criteria set forth in paragraphs 9 and 10 and the subparagraphs thereof and remand for further action of the Commission not thconsistent with the Court s ruling, and that it reverse or vacate all of the actions complained of in paragraph 7 and for such other and further relief; legal or equitable, as might be available pursuant to Iowa Code section 17A.19(10) and deemed appropriate by the Court. Respectfully submitted, WETNHARDT & LOGAN, P.C. Holly M. Logan William B. Ortman AT000 8280 AT0004710 AT0009127 2600 Grand Avenue, Suite 210 Des Moines, IA 50312 Telephone: (515) 244-3100 E-mail: mwein1iardt~weiithardtlogan. com hlogan~weinhardtlogan.com wortman~weinhardtlogan. com OF COUNSEL: QUINN EMANUEL URQUHART & SULLIVAN, LLP Christopher Tayback Daniel Posner 865 5. Figueroa Street, 10th Floor Los Angeles, CA 90017 Telephone: (213) 443-3000 E-mail: christaybaclc~quinnemanue1.corn danposner~quinnemanuel. corn ATTORNEYS FOR PETITIONER BELLE OF SIOUX CITY, L.P. {02006532DOC}
Original filed. Copies to: Brian Ohorilko, Administrator, IRGC 717 B. Court Avenue, Suite B Des Moines, IA 50309 Iowa Racing and Gaming Commission 717 B. Court Avenue, Suite B Des Moines, IA 50309 Missouri River Historical Development, Inc. do Curt Beason Lane & Waterman, LLP 220 N. Main Street, Suite 600 Davenport, IA 52801 {02006532,D0C}