GREENWOOD GAMING v. DEPARTMENT OF REVENUE

No. 76 MAP 2021.

306 A.3d 319 (2023)

GREENWOOD GAMING AND ENTERTAINMENT, INC.; Mountainview Thoroughbred Racing Association, LLC; Chester Downs and Marina, LLC; Washington Trotting Association, LLC; Stadium Casino LLC; Valley Forge Convention Center Partners, LP, Downs Racing, LP, v. Commonwealth of Pennsylvania, DEPARTMENT OF REVENUE; Pat Browne, Secretary of the Department of Revenue, in His Official Capacity Appeal of: Greenwood Gaming and Entertainment, Inc., Mountainview Thoroughbred Racing Association, LLC, and Chester Downs and Marina, LLC.

Supreme Court of Pennsylvania.

Decided: December 19, 2023.


Attorney(s) appearing for the Case

Adam Mark Shienvold , Mark Scott Stewart, Esqs. , Eckert Seamans Cherin & Mellott, LLC, for Appellants.

Nicole Jeanne Boland , Karen Mascio Romano , Michael John Scarinci , Pennsylvania Office of Attorney General, 16th Floor, Strawberry Square, Harrisburg, PA, for Appellees.

TODD, C.J., DONOHUE, DOUGHERTY, WECHT, MUNDY, BROBSON, JJ.


OPINION

Since 2017, the state lottery and privately-owned casinos have been able to operate online subject to legislative restrictions on the products each may offer in that space. At issue in this appeal is the scope of those restrictions, and consequently...

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