MDS INVESTMENTS, LLC v. State

EISMANN, Justice.

This is an appeal from a judgment holding that video machines owned and operated by the Plaintiffs are illegal gambling devices. We affirm the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

The plaintiffs MDS Investments, LLC, and J. Hill. Investments, LLC, own vending machines called “Free Spin” and “Free Draw” (herein “video machines”). On May 28,1999, law enforcement officials seized in Canyon County three video machines owned by MDS Investments. On July 1, 1999, law enforcement officials seized in Ada County three video machines owned by J. Hill…