PA AGAINST GAMBLING EXPANSION FUND v. COM.

No. 229 MM 2004.

877 A.2d 383 (2005)

PENNSYLVANIANS AGAINST GAMBLING EXPANSION FUND, INC. et al., Petitioners, v. COMMONWEALTH of Pennsylvania, et al., Respondents.

Supreme Court of Pennsylvania.

Decided June 22, 2005.


Attorney(s) appearing for the Case

Alan J. Davis, Esq., Philadelphia, for amicus curiae Pennsylvania Division, Horsemen's Benevolent and Protective Association, Inc., et al.

Dennis Edward Boyle, Esq., for amicus curiae The Family Research Council, et al.

Robert A. Graci, Esq., Alan C. Kohler, Esq., Alan C. Kohler, Esq., Wormleysburg, for Greenwood Racing, Inc. and Magna Entertainment Corp.

James J. West, Esq., Randall Luke Wenger, Esq., Robert Richard Long, Jr., Esq., Leonard Gilbert Brown, III, Esq., Harrisburg, for Pennsylvanians Against Gambling Expansion Fund, et al.

Gerald J. Pappert, Esq., Thomas W. Corbett, Calvin R. Koons, Esq., Amanda L. Smith, Esq., John G. French, Esq., Harrisburg, for Commonwealth of Pennsylvania.

Linda J. Shorey, Esq., for Senate of Pennsylvania.

Gregory Eugene Dunlap, Esq., Peter Grattan Glenn, Esq., Harrisburg, for Commonwealth of Pennsylvania, Edward G. Rendell, Governor.

Arlene Fickler, Esq., Lawrence T. Hoyle, Jr., Esq., Philadelphia, for Pennsylvania Gaming Control Board.

Thomas Walter Dymek, Esq., C. Clark Hodgson, Jr., Esq., Philadelphia, for House of Representatives of Pennsylvania.

James Francis Tierney, IV, Esq., Pittsburgh, for Minority Leader of the Pennsylvania Senate.

Jonathan F. Bloom, Esq., Philadelphia, for Minority Leader of the Pennsylvania House of Representatives.

BEFORE: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.


OPINION

Chief Justice CAPPY.

In this matter, we are asked to resolve, inter alia, numerous facial constitutional challenges to the regularity of the procedures employed by the General Assembly in enacting Act 2004-71, The Pennsylvania Race Horse Development and Gaming Act (the "Gaming Act" or the "Act"). 4 Pa.C.S. § 1101 et seq. These challenges were brought via a Petition in the...

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