So much so that he went to the Iowa Supreme Court three times in to try to collect on revenues he thought he was entitled to that were generated by a riverboat casino - the first in Davenport - in which he was part owner.
An astute reader dug up this information on Whalen's economic opportunity. I wonder how long it will be before we see one of these for FEC v. Whalen:
IN THE SUPREME COURT OF IOWA
No. 218 / 98-2070
Filed December 20, 2000
MICHAEL L. WHALEN,
JOHN E. CONNELLY, J. EDWARD CONNELLY ASSOCIATES, INC., Successor to DELLA III, INC., PRESIDENT CASINOS, INC., and PRC-IOWA, INC.,Appellees.
Appeal from the Iowa District Court for Scott County, James E. Kelley, Judge.
Appeal from order granting summary judgment on issue of conversion in favor of the defendants. Cross-appeal from order granting summary judgment on issue of malicious prosecution in favor of the plaintiff. REVERSED ON APPEAL AND REMANDED; AFFIRMED ON CROSS-APPEAL.
Mark McCormick of Belin Lamson McCormick Zumbach Flynn, P.L.C., Des Moines, and Martha L. Shaff and Jean Dickson Feeney of Betty, Neuman & McMahon, Davenport, for appellant.
R. Richard Bittner and Jeffrey S. Bittner of Carlin, Hellstrom & Bittner, Davenport, and Lawrence C. Friedman and Fernando Bermudez of Thompson Coburn L.L.P., St. Louis, Missouri, for appellees.
Considered en banc.
This is the third time these parties have been to the Iowa Supreme Court. This appeal involves enforcing the judgment from the first decision made by this court. Whalen v. Connelly, 545 N.W.2d 284 (Iowa 1996) (Whalen I). The judgment of the district court on the appeal is reversed. The judgment of the district court on the cross-appeal is affirmed.
I. Factual Background and Proceedings
Whalen I involved a dispute over how much Michael L. Whalen should be paid for his share of the riverboat gambling partnership with the defendants, collectively referred to as The Connelly Group, L.P. (TCG). Id. at 290Â92. The district court held in a declaratory judgment that Whalen was entitled only to what TCG had originally offered to tender to him in 1993Â$61,531.45 and 55,904 shares of stock. Id. at 292. Whalen appealed the judgment to our court arguing he was entitled to a more favorable buyout under the partnership agreement. We affirmed the declaratory judgment on March 20, 1996. Id. at 292, 296.
While the appeal was pending, Whalen sought the money and shares from TCG. In a letter of demand, Whalen informed TCG no appeal was pending. TCG knew this to be incorrect because it had already received notice of the appeal. TCG refused to surrender the money and stock because of the pendency of the appeal. WhalenÂs appeal to this court in Whalen I was unsuccessful. By the time WhalenÂs stock was delivered to him in May 1996, it had depreciated substantially. For this reason, Whalen filed the present and third appeal, which we will refer to as Whalen III, claiming a division of TCG illegally converted his property under the Iowa tender law, Iowa Code chapter 538, by keeping it until the appeal was resolved.
In the interest of providing a complete background we mention WhalenÂs second appeal briefly. Whalen v. Connelly, 593 N.W.2d 147 (Iowa 1999) (Whalen II). This was a derivative claim. Whalen was again unsuccessful. Whalen II has no relation to the present facts or suit.
Whalen III revolves around WhalenÂs assertion that John E. Connelly and J. Edward Connelly Associates, Incorporated (Connelly), a division of TCG, committed the tort of conversion by refusing to deliver the judicially determined buyout to Whalen pending his appeal in Whalen I. Connelly filed a counterclaim which charged Whalen with malicious prosecution for his suit in Whalen I. This appeal involves Whalen as the Appellant/Cross-Appellee and Connelly as the Appellee/Cross-Appellant.
Usually conservatives seem to oppose the spread of gambling, but not Mike Whalen...he started the spread of it here in Eastern Iowa. Then again, time and time again we see that Mike Whalen just isn't your usual conservative. How long are Republicans going to let this guy run under their banner?