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

DISSENTING OPINION BY

Judge SMITH-RIBNER.

I respectfully dissent from the majority’s decision to affirm the State Horse Racing Commission’s order granting Pres-que Isle a license to conduct thoroughbred horse racing without requiring a review of the application of Presque Isle Downs, Inc. pursuant to the Commission’s newly adopted comparative review process. I note the majority’s conclusion that Pittsburgh Palisades failed to preserve any right to participate in an administrative *68hearing addressing only the merits of Presque Isle’s application and that the Commission’s denial of Pittsburgh…