PNGI Charles Town Gaming, LLC v. West Virginia Racing Commission

DAVIS, Chief Justice:

Petitioner, PNGI Charles Town Gaming, LLC, d/b/a Hollywood Casino at Charles Town Races (hereinafter “PNGI”), appeals a decision of the Circuit Court of Kanawha County that granted summary judgment to the respondent, the West Virginia Racing Commission (hereinafter “the Racing Commission”), and upheld two administrative rules promulgated by the Racing Commission without legislative approval. The two rules relate to the Racing Commission’s review of a racing association’s ejection of a permit holder from its premises. PNGI argues that the circuit court erred in finding the…