BRESNIK v. BEULAH PARK LTD. PARTNERSHIP INC.

No. 92-1130.

67 Ohio St.3d 302 (1993)

BRESNIK, APPELLEE, v. BEULAH PARK LIMITED PARTNERSHIP, INC. ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided September 15, 1993.


Attorney(s) appearing for the Case

Mary Joseph Maxwell, for appellee.

Wiles, Doucher, Van Buren & Boyle Co., L.P.A., James M. Wiles and Jay B. Eggspuehler; and Timothy P. McCarthy, for appellants.

Bricker & Eckler and Catherine M. Ballard, urging affirmance for amicus curiae, Horseman's Benevolent and Protective Association.

Berry & Shoemaker, John F. Berry and D. Lewis Clark, Jr., urging affirmance for amicus curiae, Daniel A. Frasher.

Chester, Hoffman, Willcox & Saxbe, John J. Chester, Roderick H. Willcox and Donald C. Brey, urging reversal for amici curiae, Scioto Downs, Inc. and Mid-America Racing Association, Inc.

Arter & Hodden, John B. Lewis and Lois J. Cole, urging reversal for amici curiae, Thistledown Racing Club, Inc., Randall Racing Club, Inc., Summit Racing Club, Inc. and Cranwood Racing Club, Inc.

Carter, Ledyard & Milburn, Jack Kaplan and Robert C. Malaby; and H. Bruce Talbott, urging reversal for amicus curiae, Thoroughbred Racing Protective Bureau.


PFEIFER, J.

Beulah Park has a common-law right to exclude persons from its business premises absent specific legislative language to the contrary. The Revised Code contains no such language.

Appellee contends that R.C. Chapter 3769, which empowers the Ohio State Racing Commission with the right to exclude jockey agents from racetracks, abrogates any common-law rights of racetrack owners to exclude jockey agents from their premises. Appellee also argues that...

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