Pittsburgh Palisades Park, LLC v. Pennsylvania State Horse Racing Commission

844 A.2d 62 (2004)

PITTSBURGH PALISADES PARK, LLC, Petitioner

v.

PENNSYLVANIA STATE HORSE RACING COMMISSION, and Presque Isle Downs Inc., Respondents.

Commonwealth Court of Pennsylvania.

Argued December 10, 2003.

Decided March 4, 2004.

Thomas L. VanKirk, Pittsburgh, for petitioner.

G. Thompson Bell, III, Reading, for respondent, Presque Isle Downs, Inc.

R. Douglas Sherman, Harrisburg, for respondent, PA State Horse Racing Commission.

BEFORE: COLINS, President Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, COHN, Judge and SIMPSON, Judge.

OPINION BY Judge SIMPSON.

We are…