- 10 -
true for purposes of a declaratory judgment, Rule 217,
conjectural statements such as the one above are entitled to no
such consideration. Petitioner has presented no evidence that
KJ's Place lost money. More important, KJ's Place has benefitted
from the publicity surrounding donations given by petitioner. In
four of six newspaper articles or picture captions in evidence,
KJ's Place is pictured or mentioned, along with Hurd or Gould,
who are identified as the owners of KJ's Place rather than
officers of petitioner.
Petitioner argues that the clippings are not paid
advertising and do not indicate the receipt of an actual benefit
by KJ's Place. We find, however, that the publicity, which KJ's
Place would not have received but for petitioner's exclusive
association with the lounge, is a significant benefit. Moreover,
the record discloses that there were other "clubs" or lounges in
the area where comparable gambling took place. It is thus a fair
inference that one of the real purposes of establishing
petitioner in the first place was to induce customers with a
proclivity for this type of gambling not to desert KJ's Place in
favor of other clubs or lounges. As a result of petitioner's
formation, KJ's Place, far from losing revenue, may indeed have
prevented at least a portion of its business from being taken
elsewhere.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011