OLYMPIA SHISH-KEBAB INC V MICHIGAN GAMING CONTROL BOARD
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STATE OF MICHIGAN
COURT OF APPEALS
OLYMPIA SHISH-KEBAB, INC.,
UNPUBLISHED
December 28, 2004
Plaintiff-Appellant,
v
MICHIGAN GAMING CONTROL BOARD,
No. 250021
Wayne Circuit Court
LC No. 03-305273-CZ
Defendant-Appellee.
Before: Murphy, P.J., and White and Kelly, JJ.
MEMORANDUM.
Plaintiff appeals as of right from the trial court's order granting defendant's motion for
summary disposition under MCR 2.116(C)(10). We affirm. This case is being decided without
oral argument pursuant to MCR 7.214(E). Defendant moved for summary disposition in part
on the basis that it has exclusive jurisdiction to determine if plaintiff is a casino supplier under
the Michigan Gaming Control and Revenue Act, MCL 432.201 et seq., and that plaintiff failed to
exhaust its administrative remedies before filing this circuit court action. The trial court agreed
that plaintiff was subject to defendant's jurisdiction because it agreed to participate in a coupon
reimbursement program to provide meals to customers of the Greektown Casino.
In a similar case, this Court recently held that defendant has exclusive jurisdiction to
decide if a restaurant supplying complimentary meals to casino patrons is a supplier under the
Michigan Gaming Control and Revenue Act and that, before filing an action in the circuit court,
the restaurant must exhaust its administrative remedies. Papas v Gaming Control Bd, 257 Mich
App 647; 669 NW2d 326 (2003), lv den 470 Mich 893; 683 NW2d 145 (2004). The decision in
Papas is dispositive of this appeal. Accordingly, summary disposition was properly granted.
Affirmed.
/s/ William B. Murphy
/s/ Helene N. White
/s/ Kirsten Frank Kelly
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