NEWS RELEASE # 044

FOR IMMEDIATE NEWS RELEASE

FROM: CLERK OF SUPREME COURT OF LOUISIANA

On the 15th day of May, 1998 , the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:

98-C - 1122         SENATOR J. LOMAX "MAX" JORDAN VS. LOUISIANA GAMING
C/W                     CONTROL BOARD AND MURPHY J. "MIKE" FOSTER, JR. C/W
98-C - 1133        SENATOR RONALD C. BEAN VS. LOUISIANA GAMING CONTROL AND BOARD AND RIVERGATE DEVELOPMENT CORP . (Parish of East 98-C - 1134 Baton Rouge)

For the foregoing reasons, we affirm the portion of the court of appeal judgment that concludes that the Louisiana Gaming Control Board has the independent authority to renegotiate and execute the casino operating contract without seeking gubernatorial or legislative approval. However, we vacate that portion of the court of appeal's judgment that purports to interpret the legislature's power to set aside the contract under La. R.S. 27:224(D). Finally, we order that any application for rehearing must be filed not later than seventy-two hours after the rendition of this opinion.

AFFIRMED IN PART; REVERSED IN PART.

VICTORY, J. - not on panel. Rule IV, Part 2, §3.

KNOLL, J. - dissents and assigns reasons.