BEDFORD DOWNS v. STATE HARNESS RACING

Nos. 5 MAP 2007, 6 MAP 2007, 7 MAP 2007.

926 A.2d 908 (2007)

BEDFORD DOWNS MANAGEMENT CORPORATION v. STATE HARNESS RACING COMMISSION Valley View Downs, L.P., Intervenor, Appeal of State Harness Racing Commission Bedford Downs Management Corporation v. State Harness Racing Commission Valley View Downs, L.P., Intervenor, Appeal of Valley View Downs, L.P., Intervenor, Valley View Downs, L.P., Appellant, v. State Harness Racing Commission, Appellee, Bedford Downs Management Corp., Intervenor.

Supreme Court of Pennsylvania.

Decided July 2, 2007.


Attorney(s) appearing for the Case

Leonidas Pandeladis, Esq., Jorge Augusto, Esq., Barbara Adams, Esq., Gregory Eugene Dunlap, Esq., Harrisburg, for State Harness Racing Commission.

Frank Gugliotta Salpietro, Esq., Victor Paul Stabile, Esq., Dilworth Paxson, L.L.P., Pittsburgh, for Bedford Downs Management Corporation.

Jason Alan Medure, Esq., for amicus curiae City of New Castle.

Thomas W. Leslie, Esq., William J. Madden, Esq., William J. Madden, P.C., New Castle, for amicus curiae Lawrence County, Mercer County and Mahoning Township.

Ryan Neal Armstrong, Esq., Waynesburg, for amicus curiae Pennsylvania War Veterans Council.

Maureen Murphy McBride, Esq., Lamb McErlane, P.C., John J. Cunningham, Esq., Edward G. Lanza, Esq., Saul Ewing, L.L.P., Michael A. Finio, Esq., Scot Russel Withers, Esq., William H. Lamb, Esq., James C. Sargent, Jr., Esq., West Chester, for Valley View Downs, L.P.

Jorge M. Augusto, Esq., PA Department of Agriculture, Leonidas Pandeladis, Esq., Barbara Adams, Esq., PA Office of General Counsel, Gregory Eugene Dunlap, Esq., Harrisburg, for State Harness Racing Commission.

Thomas W. Leslie, Esq., William J. Madden, Esq., New Castle, for amicus curiae Lawrence County, Mercer County and Mahoning Township.

Maureen Murphy McBride, Esq., Lamb McErlane, P.C., Edward G. Lanza, Esq., Saul Ewing, L.L.P., Michael A. Finio, Esq., John J. Cunningham, IV, Esq., William H. Lamb, Esq., James C. Sargent, Esq., Scot Russel Withers, Esq., West Chester, for Valley View Downs, L.P.

BEFORE: CAPPY, C.J., and CASTILLE, SAYLOR, EAKIN, BAER, BALDWIN and FITZGERALD, JJ.


OPINION

PER CURIAM.

In this appeal by allowance we review whether the Pennsylvania State Harness Racing Commission ("Commission") abused its discretion in denying two license applications to conduct harness race meetings at which pari-mutuel wagering is permitted. In light of the significant deference that the Commission enjoys in making decisions regarding the granting or denying of harness racing license applications, and for the reasons set forth...

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