Graham v. Illinois Racing Board

Defendant, the Illinois Racing Board, appealed from the order of the circuit court of Cook County enjoining and restraining it from proceeding with any hearing against the plaintiff, Jerry Graham, “utilizing any tests or specimens involved in this instant chancery action.” Pursuant to Rule 302(b) (58 Ill. 2d R. 302(b)), we allowed defendant’s petition for direct appeal to this court.

In his original complaint, filed December 15, 1978, plaintiff alleged in count I that he was in the business of owning, training, and driving harness racing horses. He alleged further that the Board, pursuant to…