TEXAS QUARTER HORSE v. AMERICAN LEGION

NO. 03-15-00118-CV.

496 S.W.3d 175 (2016)

Appellants, TEXAS QUARTER HORSE ASSOCIATION; Texas Thoroughbred Association; Texas Horsemen's Partnership; Gillespie County Fair and Festivals Association, Inc.; Global Gaming LSP, LLC d/b/a Lone Star Park at Grand Prairie; and Sam Houston Race Park, LLC Cross-Appellants, American Legion Department of Texas, Temple Post 133; Kickapoo Traditional Tribe of Texas; Thompson Allstate Bingo Supply, Inc.; and Moore Supplies, Inc. v. Appellees, AMERICAN LEGION DEPARTMENT OF TEXAS, Temple Post 133; Kickapoo Traditional Tribe of Texas; Thompson Allstate Bingo Supply, Inc.; and Moore Supplies, Inc. Cross-Appellees, Texas Quarter Horse Association; Texas Thoroughbred Association; Texas Horsemen's Partnership; Gillespie County Fair and Festivals Association, Inc.; Global Gaming LSP, LLC d/b/a Lone Star Park at Grand Prairie; and Sam Houston Race Park, LLC.

Court of Appeals of Texas, Austin.

Filed: June 8, 2016.


Attorney(s) appearing for the Case

Robert G. Hargrove , Osborn, Griffith & Hargrove, Martha S. Dickie , Almanza, Blackburn & Dickie, L.L.P., J. Bruce Bennett , John A. Cardwell , Cardwell, Hart & Bennett, L.L.P., Austin, TX, James C. Ho , Bradley Hubbard , Gibson, Dunn & Crutcher, L.L.P., David G. Cabrales , Lucas Wohlford , Calli Turner , Gardere Wynne Sewell, L.L.P., Dallas, TX, for Appellants.

Anatole R. Barnstone , The Law Office of Anatole Barnstone, Raymond E. White , McGinnis, Lochridge & Kilgore, L.L.P., Terry L. Scarborough , V. Blayre Pena , Hance Scarborough, L.L.P., Stephen Fenoglio , Austin, TX, for Appellee.

Before Chief Justice Rose, Justices Pemberton and Field.


OPINION

This proceeding presents two issues of potential significance to appellate and administrative-law practitioners. The first is whether third parties have standing to appeal from a trial-court judgment invalidating an agency rule when the affected agency has not perfected its own appeal. At least under...

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