Delly v. Bureau of State Lottery

Respondent appeals as of right from the trial court’s grant of a petition for a writ of mandamus ordering respondent to provide petitioner with an on-line terminal for the sale of lottery tickets. Respondent contends that the trial court had no authority to issue the writ of mandamus and applied the wrong standard of review in doing so. We reverse.

In anticipation of the purchase of Sonya’s Market, whose owner had an on-line lottery terminal in the store, petitioner asked respondent to approve a transfer of the owner’s on-line terminal and lottery license to petitioner. On February 12, 1988,…