Patton v. Fortuna Corporation

CARMODY, Justice.

Plaintiffs appeal from the dismissal of their complaint, which sought to declare the state racing statutes unconstitutional, and to enjoin the defendant from using certain premises for pari-mutuel betting on horse racing.

Although plaintiffs vigorously attack the constitutionality of the statute, the question first to be determined is whether plaintiffs have any standing in court to question the act.

We have many times held that the constitutionality of a legislative act is open to attack only by a person whose rights are affected thereby. Asplund v. Alarid, Assessor of Santa…