Donovan v. Grand Victoria Casino & Resort

934 N.E.2d 1111 (2010)

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Donovan v. Grand Victoria Casino & Resort

Indiana Supreme Court
934 N.E.2d 1111 (2010)

LJ

Facts

Grand Victoria Casino and Resort, L.P. (Grand Victoria) (defendant) was the owner and operator of a riverboat casino located in Rising Sun, Indiana. Thomas Donovan (plaintiff) was an individual who played blackjack in casinos as a means of supplementing his income. Donovan was an admitted card counter. Card counting was a method viewed as providing the player with a strategic advantage and costing the casino substantial sums of money. Because of Donovan’s card counting, Grand Victoria banned him from playing blackjack. Donovan did not comply with the casino’s prohibition, and Grand Victoria ultimately excluded Donovan from the riverboat’s premises. Donovan filed suit against Grand Victoria, seeking a declaratory judgment that Donovan could not be excluded from playing blackjack or from the riverboat’s premises on the basis of card counting. The trial court granted summary judgment in favor of Grand Victoria on the basis that Grand Victoria had a common-law right to exclude Donovan from its private property. Donovan filed an appeal. The Indiana Court of Appeals reversed the trial court, finding in favor of Donovan. Grand Victoria appealed.

Rule of Law

Issue

Holding and Reasoning (Sullivan, J.)

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