RICE v. CONNOLLY

No. C6-92-8.

488 N.W.2d 241 (1992)

James I. RICE, Petitioner, v. Carol CONNOLLY, Mark Custer, Dan Gustafson, Stephen Lawrence, Thomas Metzen, Richard Pemberton, Cynthia Piper-Schuneman, Robert Zevnick, each in their capacity as members of the Minnesota Racing Commission; et al., Hubert H. Humphrey, III, Attorney General of the State of Minnesota, Respondents, Ladbroke Racing Canterbury, Inc., Wayne Simoneau, Gordon W. Bredeson, in his capacity as Vice President of the Minnesota Division of the Horseman's Benevolent and Protective Association, Randall Sampson, in his capacity as President of the Minnesota Thoroughbred Association, Inc., Intervenors-Respondents.

Supreme Court of Minnesota.

Rehearing Denied September 3, 1992.


Attorney(s) appearing for the Case

Frank Walz, Timothy A. Sullivan, Caryn S. Glover, Best & Flanagan, Minneapolis, for petitioner.

James A. Terwedo, Scott County Atty., Brian A. Nasi, Asst. County Atty., and Karen E. Marty, Shakopee City Atty., Shakopee, for City of Shakopee and County of Scott, amici curiae.

Corey J. Ayling, Henry M. Helgen, III, McGrann, Shea, Franzen, Carnival, Straughn & Lamb, Minneapolis, for Allied Charities.

Wayne G. Popham, Kevin P. Staunton, Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, for Carol Connolly, et al.

Hubert H. Humphrey, III, Atty. Gen., Catharine F. Haukedahl, Sol. Gen., Kenneth E. Raschke, Jr., Asst. Atty. Gen., St. Paul, for Hubert H. Humphrey, III, Atty. Gen.

Peter S. Popovich, Timothy E. Marx, Briggs & Morgan, P.A., St. Paul, for Ladbroke Racing Canterbury, Inc.

Wayne Simoneau, pro se.

Cort C. Holten, Chestnut & Brooks, P.A., Minneapolis, for Gordon W. Bredeson.

Joseph S. Friedberg, Minneapolis, for Randall Sampson.

Heard, considered and decided by the court en banc.


KEITH, Chief Justice.

On petition of James I. Rice for a writ of quo warranto,1 we remanded these proceedings to the Ramsey County District Court for its consideration of the petitioner's implicit challenge to the constitutionality of both 1991 Minn.Laws ch. 336, art. I amending Minn.Stat. §§ 240.01-240.29 (Supp. 1991), expanding the licensing authority of the Minnesota Racing Commission, and Minnesota R. 7873.0400 (1991) which...

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