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ATLANTIC CITY RACING ASS'N v. ATTORNEY GENERAL

98 N.J. 535 (1985)

489 A.2d 165

ATLANTIC CITY RACING ASSOCIATION, PLAINTIFF-RESPONDENT, v. THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY AND THE NEW JERSEY RACING COMMISSION, DEFENDANTS-APPELLANTS, AND THE NEW JERSEY SPORTS & EXPOSITION AUTHORITY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 27, 1985.

Attorney(s) appearing for the Case

Michael R. Cole, First Assistant Attorney General, argued the cause for appellants (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Deputy Attorney General, on the briefs).

David M. Satz, Jr., argued the cause for respondent Atlantic City Racing Association (Saiber, Schlesinger, Satz & Goldstein, attorneys; Steven S. Goldenberg, on the brief).

Joseph A. Rizzi argued the cause for respondent The New Jersey Sports & Exposition Authority (Winne, Banta, Rizzi, Hetherington & Basralian, attorneys).

Matthias D. Dileo submitted a statement in lieu of brief on behalf of amicus curiae, Monmouth Park Jockey Club (Wilentz, Goldman & Spitzer, attorneys).

The opinion of the court was delivered by MATTHEWS, P.J.A.D. (temporarily assigned).

We are requested in this appeal to interpret Art. IV, § VII, par. 2 of the New Jersey Constitution of 1947, which incorporates Art. IV, § VII, par. 2, as amended June 20, 1939 of the Constitution of 1844. Specifically, we are asked whether intertrack pari-mutuel betting on simulcast horse racing authorized by the Intertrack Wagering Act, N.J.S.A. 5:5-100 to 109, violates...

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