Appalachian Racing, LLC Real Party in Interest v. Commonwealth of Kentucky, Kentucky Horse Racing Commission

OPINION OF THE COURT BY

CHIEF JUSTICE MINTON

Appalachian Racing, LLC, appeals to this Court from the Court of Appeals’ order granting the Kentucky Horse Racing Commission a writ of prohibition barring the Floyd Circuit Court from enforcing its restraining order that prohibited the Commission from considering a license application. The Court of Appeals issued the writ because it determined the circuit court violated Kentucky’s stringent separation of powers doctrine in issuing the order. We agree for slightly differing reasons and affirm the Court of Appeals.

I. FACTUAL AND PROCEDURAL BACKGROUND.

K…