Bay State Harness Horse Racing & Breeding Ass'n v. State Racing Commission

The petitioner (Bay State) filed in the Superior Court a petition for review (see G. L. c. 30A, § 14) of the action of the State racing commission in granting a license to Eastern Racing Association, Inc. (Eastern), for twenty-three nights of harness horse racing in 1959. The commission’s action, if valid, precluded Bay State from obtaining more than sixty-seven nights of harness racing in 1959 in view of the statutory maximum of ninety nights of such racing for all applicants. See G. L. c. 128A, § 3 (j), as appearing in St. 1946, c. 575, § 4. Bay State prayed that Eastern’s license be set…