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Voters in DeKalb and Steuben will also weigh in on casino authorization. House Bill 1038, signed by Indiana Gov. Mike Braun (R) in March, authorizes a single casino in one of the three counties.

The law came at the request of Full House Resorts, the Las Vegas-based regional gaming operator that expressed interest in relocating its Rising Star Casino in Rising Sun to a more attractive market, specifically in the northeastern part of the state.

During the lawmaking process, Full House’s exclusivity was stripped in favor of welcoming any company currently licensed as a commercial casino in the US to bid on the possible license. Lawmakers also threw in a one-time $150 million fee for the concession and a mandatory investment minimum of $500 million, all but ending Full House’s interest.

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Braun also argued that the public had been excluded from the preparatory finance committee meeting without justification.

But the court said that point did not affect the validity of the by-law, adding that it saw no evidence of a tax that would choke businesses. 

The judges highlighted the number of gaming halls in the city remained largely stable after the increase.