RESOLUTION NO. 971786

Requesting that the Attorney General and The Missouri Gaming Commission take no precipitous action with respect to the ruling in Akin v. Missouri Gaming Commission.

WHEREAS, under a decision by the Supreme Court of Missouri in the case of Akin, et al. v. Missouri Gaming Commission, et al., case number 79594, a decision of the Circuit Court of Missouri, Nineteenth Circuit, has been reversed and remanded to the Circuit Court for further proceedings; and

WHEREAS, the ultimate decision in the matter may adversely affect The Port Authority of Kansas City, Missouri, the City of Kansas City, Missouri, and the citizens thereof; and

WHEREAS, the rights of the parties in the litigation and the effect thereof on their property rights (and the potential effect on the rights of The Port Authority and the City of Kansas City and their respective property rights) cannot be determined until there is a final order in the Akin case, and any actions taken by the Missouri Gaming Commission and/or the Attorney General of Missouri prior to any such final order could result in further confusion with respect to the proceeding and/or result in a multiplicity of lawsuits and litigation with respect to the subject matter of the pending suit, to the potential detriment of The Port Authority, the City and its citizens; NOW, THEREFORE,

BE IT RESOLVED BY THE COUNCIL OF KANSAS CITY:

That the City of Kansas City, Missouri, by the adoption of this Resolution, does hereby request and urge both the Attorney General of the State of Missouri and the Missouri Gaming Commission, to take no precipitous action of any nature whatsoever with respect to the ruling by the Missouri Supreme Court in the case of Akin, et al. v. Missouri Gaming Commission, et al., rendered on November 25, 1997, in the nature of litigation or hearings as to license renewals or the challenging of the right to continue to operate by any presently licensed Missouri gaming licensee for matters which are the subject of the Akin case, pending a final court order and decision with respect to the issues raised therein.

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