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GULFSTREAM PARK RACING ASS'N v. STATE, DEPT. OF BUS. REG.

No. 83-1492.

443 So.2d 113 (1983)

GULFSTREAM PARK RACING ASSOCIATION, INC., a Florida Corporation, Petitioner, v. State of Florida, DEPARTMENT OF BUSINESS REGULATION, Division of Pari-Mutuel Wagering and State of Florida Department of Business Regulation, Florida Pari-Mutuel Commission, Respondents. Hialeah, Inc. and Tropical Park, Inc., Amici Curiae.

District Court of Appeal of Florida, Third District.

August 17, 1983.

Attorney(s) appearing for the Case

Landefeld & Romanik and David S. Romanik, Hollywood, for petitioner.

Elliot Henslovitz, David M. Maloney and Harry Pernell, Tallahassee, for respondents.

Horne, Rhodes, Jaffry & Horne and Edward S. Jaffry, Taylor, Brion, Buker & Greene and James C. Pilkey, Tallahassee, for amici curiae.

Before SCHWARTZ, C.J., and BASKIN and DANIEL S. PEARSON, JJ.

DANIEL S. PEARSON, Judge.

In this world, nothing is certain but death, taxes and that Gulfstream and Hialeah will do annual battle for the highly desirable "middle dates" of South Florida's winter thoroughbred racing season.1 We have been called upon to referee the 1983 fight or, at least, the opening rounds.

I.

In December 1982, Gulfstream Park Racing Association, Inc. (Gulfstream) filed its application requesting that...

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