Barden Detroit Casino v. City of Detroit

This is an appeal from a district court decision rebuffing a challenge to the constitutionality of a legalized casino gambling scheme adopted by the City of Detroit. A city ordinance allowed the mayor to give preference in the casino licensing process to applicants that had campaigned on behalf of a voter initiative legalizing casinos. Contending that this preference (as well as a similar preference in the Michigan state code) represented an unconstitutional condition, Barden Detroit Casino, L.L.C., sued the city, the mayor and city council, and the individual members of the council, as well as the State of Michigan Gaming Control Board and its individual members, seeking injunctive, declaratory, and monetary relief. In a decision published as Barden Detroit Casino, L.L.C. v. City of Detroit, 59 F.Supp.2d 641 (E.D. Mich. 1999), the district court denied relief and dismissed the case. The court held that there was no case or controversy as far as the state defendants were concerned, the state law preference having become inoperative, and it held that Barden was barred from suing the Detroit defendants by reason of the fact that Barden had signed a release of all claims against them.