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TURF PARADISE, INC. v. RACING COM'N

No. 2 CA-CV 89-0011.

160 Ariz. 241 (1989)

772 P.2d 595

TURF PARADISE, INC., an Arizona corporation, Plaintiff/Appellant, v. ARIZONA RACING COMMISSION, an agency of the State of Arizona, Arizona Department of Racing, an agency of the State of Arizona, and the State of Arizona, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department B.

April 13, 1989.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon by David L. White and Jefferson L. Lankford, Phoenix, for plaintiff/appellant.

Robert K. Corbin, Atty. Gen. by Michael N. Harrison, Keith R. Ricker and Katherine L. Mead, Phoenix, for defendants/appellees.

OPINION

FERNANDEZ, Judge.

Appellant Turf Paradise, Inc. appeals from a superior court judgment affirming a decision of appellee Arizona Racing Commission. Turf Paradise contends the Commission had no authority to issue its horse racing permit subject to the condition that Turf Paradise not require any person entering the restricted area of its grounds to sign a waiver of liability agreement. Turf Paradise also contends the Commission acted arbitrarily and...

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