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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported) May 25, 2001
BLACK HAWK GAMING & DEVELOPMENT COMPANY, INC.
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(Exact name of registrant as specified in its charter)
Colorado 0-21736 84-1158484
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(State or other jurisdiction of (Commission File Number) (I.R.S. Employer
incorporation or organization) Identification No.)
240 Main Street
Post Office Box 21
Black Hawk, Colorado 80422
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (303) 582-1117
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No Change
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Former name or former address if changed since date of last filing
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Item 5. Other Events.
On May 25, 2001, a lawsuit was filed in The United States District
Court for the District of Colorado (Case No. 01-D-0964) by the City of Central
("Central City"), several casino operators located in Central City and others
against the City of Black Hawk, the Black Hawk Casino Owners Association and
several casino operators located in Black Hawk, including the registrant, Black
Hawk Gaming & Development Company, Inc., and others. The suit alleges that the
defendants caused economic harm to the plaintiffs by engaging in a conspiracy
and scheme to harm competition, restrain trade and monopolize the gaming
industry in the Gilpin County, Colorado market in violation of federal and state
constitutional law, statutory and common law. The plaintiffs allege that the
purpose of the Constitutional amendment authorizing limited stakes gaming in
Colorado was to promote the historical preservation of Central City, Black Hawk
and Cripple Creek, Colorado, however the City of Black Hawk encouraged and
facilitated large Las Vegas style casinos. Also, the complaint alleges that
starting in 1996 the City of Black Hawk began interfering in Central City's
plans to construct a road directly from I-70 to Central City (the "Southern
Access"). It is further alleged that all the defendants entered into a
conspiracy in 1998 to block construction of the Southern Access by purchasing
four mining claims located within properties sought to be annexed by Central
City. The plaintiffs seek compensatory, treble and exemplary damages against the
defendants in amounts to be proven at trial along with interest, costs and
attorney's fees. The registrant believes the suit is without merit and intends
to vigorously defend it.
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934,
the Registrant has duly caused this report to be signed on its behalf by the
undersigned thereunto duly authorized.
BLACK HAWK GAMING &
DEVELOPMENT COMPANY, INC.
By: /s/ Stephen R. Roark
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Stephen R. Roark, President
Date: June 4, 2001