JERSEY DOWNS, INC. v. DIV. OF N.J. RACING COMM.


102 N.J. Super. 451 (1968)

246 A.2d 146

JERSEY DOWNS, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. THE DIVISION OF NEW JERSEY RACING COMMISSION, DEPARTMENT OF THE TREASURY, STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided August 27, 1968.


Attorney(s) appearing for the Case

Mr. Charles J. Milton argued the cause for plaintiff (Messrs. Milton, Keane & DeBona, attorneys; Messrs. David P. Donnelly and John Wefiing, on the brief).

Mrs. Marilyn L. Schauer, Assistant Attorney General, argued the cause for defendant (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Elias Abelson, Deputy Attorney General, of counsel; Messrs Samuel D. Bornstein and Stephen Weiss, Deputy Attorneys General, on the brief).

Before Judges CONFORD, LEWIS and COLLESTER.


PER CURIAM.

This appeal has been brought to review the refusal of the New Jersey Racing Commission to process for consideration an application by appellant filed July 31, 1968 for an original permit to conduct a harness race meeting in the Township of North Bergen, County of Hudson. The refusal was based on the advice of the Attorney General that under N.J.S.A. 5:5-39.1 the Commission was without authority in the matter.

The cited section of the racing...

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