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GREYHOUND RACING ASSOCIATION OF SOUTHERN COLORADO, INC., v. COLORADO RACING COMMISSION

No. 78-011.

589 P.2d 70 (1978)

GREYHOUND RACING ASSOCIATION OF SOUTHERN COLORADO, INC., Plaintiff-Appellee, v. COLORADO RACING COMMISSION of the State of Colorado, and Thomas J. Carney, Ben T. Poxson, Cyrus C. Wells, as members thereof, Rocky Mountain Kennel Club, Inc. and Pueblo Kennel Association, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

Rehearing Denied October 12, 1978.

Certiorari Denied January 15, 1979.

Attorney(s) appearing for the Case

S. Philip Cabibi, Pueblo, for plaintiff-appellee.

J. D. MacFarlane, Colorado State Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Bruce M. Douglas, Asst. State Sol. Gen., Denver, for defendants-appellants Colorado Racing Commission and members thereof.

Rothgerber, Appel & Powers, James M. Lyons, Denver, for defendant-appellant Pueblo Kennel Ass'n.

Rector, Retherford & Mullen, L. Dan Rector, Colorado Springs, for defendant-appellant Rocky Mountain Kennel Club, Inc.

KELLY, Judge.

The defendants, Colorado Racing Commission, its individual members, Rocky Mountain Kennel Club, Inc., and Pueblo Kennel Association, appeal from the declaratory judgment of the trial court that the 40-mile restriction contained in § 12-60-108(2), C.R.S.1973, is to be determined by the measurement of access over public highways. The defendants contend that the General Assembly intended an absolute 40-mile radius restriction measured in a straight...

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