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O'Rourke Gaming Lawyers Score Major Victory in Lease Dispute

Updated: Sep 13, 2023

In a lease termination suit brought by a Dupage county developer against O'Rourke’s client Illinois Café & Service Company, LLC, d/b/a Dotty’s, the Gaming law lawyers of O’Rourke & Moody obtained a resounding victory for the client, forcing the defendant developer to withdraw its suit, paving the way for O&M’s client to reach a very favorable resolution with the Village of Westmont, providing for the smooth transfer of Dotty’s business license between two locations in the Village.

The suit, styled Sidcor Westmont Associates v. Illinois Café & Service Company, d/b/a Dotty’s, Case No. 2018 LM-00224, was filed in August, 2018 seeking forcible eviction of Dotty’s from a Westmont shopping mall in which it was a tenant. The suit was complicated as the Village of Westmont, in an ordinance passed after the opening of Dotty’s location in 2013, had banned video gaming.

After rounds of argument before the Circuit Court of Dupage County in which O'Rourke asserted that its client was not in default, the plaintiff relented, and on November, 13, 2018 withdrew its suit. In the interim, O'Rourke’s gaming law attorneys negotiated with the Village of Westmont an agreement permitting Dotty’s to move to another location within the Village. Attorneys responsible at O'Rourke for this significant success for the client include Terrence Dunleavy, Michael Moody, Michael O’Rourke and Shane Costelloe.


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