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TRI-CITY TURF v. PUB. PROT. & REG. CABINET

No. 89-CA-975-MR.

806 S.W.2d 394 (1991)

TRI-CITY TURF CLUB, INC., Appellant, v. PUBLIC PROTECTION AND REGULATION CABINET; Kentucky State Racing Commission; Kentucky Harness Racing Commission; Dade Park Jockey Club, Inc., dba Ellis Park; and Horsemen's Benevolent Protective Association, Inc., Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court May 1, 1991.

Attorney(s) appearing for the Case

Sheila R. Nunley, Gross C. Lindsay, Trimble, Lindsay & Crafton, Henderson, for appellant.

Sheryl G. Synder, Mary E. Barrazotto, Wyatt, Tarrant & Combs, Louisville, for appellees Public Protection and Regulation Cabinet, Kentucky State Racing Com'n and Kentucky Harness Racing Com'n.

David H. Thomason, Ronald G. Sheffer, Sheffer, Hoffman & Thomason, Henderson, for appellee Dade Park Jockey Club, Inc.

Don S. Sturgill, Douglas L. McSwain, Ogden, Sturgill & Welch, Lexington, for appellee Horsemen's Benevolent Protective Ass'n, Inc.

Before EMBERTON, HOWARD and REYNOLDS, JJ.

REYNOLDS, Judge.

This is an appeal from a judgment of the Franklin Circuit Court which sustained the appellees' motion for summary judgment and dismissed appellant's complaint challenging the constitutionality of various statutory provisions which regulate intertrack wagering and the simulcasting of horse races.

On September 6, 1988, appellant, Tri-City Turf Club, Inc., d/b/a Riverside Downs, which operates a quarter horse racetrack in Henderson, Kentucky...

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