West Flagler Associates, Ltd. v. State, Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering

West Flagler Associates, Ltd. (“West Flagler”), appeals an order of the Department of Business and Professional Regulation’s Division of Pari-Mutuel Wagering (“DPMW”) concluding that DPMW was “unable to answer” West Flagler’s amended petition for a declaratory statement. 1 Two entities which sought leave to intervene in the administrative proceeding (Hartman and Tyner, Inc., and H & T Gaming Inc.) 2 cross-appeal DPMWs denial of their motion to intervene as moot.

We reverse and remand DPMW’s order with directions to consider and rule upon both West Flagler’s amended petition and the…