Pen-Yan Investment, Inc. v. Boyd Kansas City, Inc.

EDWIN H. SMITH, Presiding Judge.

This is an appeal by the Missouri Gaming Commission (the Commission) from a summary judgment for Pen-Yan Investment Inc., d/b/a B & G Amusement & Vending Co. (respondent) and the denial of the Commission’s motion to dismiss respondent’s first amended petition as to Counts II and III. In granting respondent’s motion for summary judgment, the trial court declared invalid and unenforceable 11 C.S.R. 45-5.050(4)(E), a regulation promulgated by the Commission. This regulation prohibits holders of Class A and B Missouri gaming licenses granted by the Commission from,…