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ARIZONA DOWNS v. ARIZ. HORSEMEN'S FOUNDATION

No. 15356.

130 Ariz. 550 (1981)

637 P.2d 1053

ARIZONA DOWNS, an Arizona Corporation, Appellant, v. ARIZONA HORSEMEN'S FOUNDATION, an Arizona Corporation; Turf Paradise, Inc., an Arizona Corporation and the State of Arizona, Appellees.

Supreme Court of Arizona, En Banc.

Rehearing Denied December 29, 1981.

Attorney(s) appearing for the Case

Romley & Sherk by Elias M. Romley, Roger T. Hargrove, Phoenix, for appellant.

Snell & Wilmer by George H. Lyons, Robert J. Gibson, Phoenix, for appellee, Arizona Horsemen's Foundation.

Jennings, Strouss & Salmon by David L. White, Lisa B. Hawkins, Phoenix, and Rex E. Lee, Provo, Utah, for appellee, Turf Paradise, Inc.

Robert K. Corbin, Atty. Gen. by Alison B. Swan, David B. Goldstein, Mark Freitag, Charles L. Eger, Asst. Attys. Gen., Phoenix, for appellee, State of Arizona.

HOLOHAN, Vice Chief Justice.

This appeal was brought by Arizona Downs (Downs), an operator of horse racing meetings in Phoenix, Arizona, to challenge the judgment of the superior court declaring unconstitutional several statutes regulating horse racing in Arizona. We assumed jurisdiction. Arizona Constitution Art. VI, § 5; A.R.S. § 12-2101.

Downs and Turf Paradise, Inc. (Turf) have for many years been the holders of permits to conduct horse racing...

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