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BOARD OF AGRICULTURE v. RACING COM'N

No. 89-809.

478 N.W.2d 270 (1992)

239 Neb. 762

NEBRASKA STATE BOARD OF AGRICULTURE, Appellee, v. NEBRASKA STATE RACING COMMISSION, Appellant.

Supreme Court of Nebraska.

January 3, 1992.

Attorney(s) appearing for the Case

Robert M. Spire, Atty. Gen., and L. Jay Bartel, Lincoln, for appellant.

Hal Bauer, of Bauer, Gaiter & O'Brien, Lincoln, for appellee.

Kim M. Robak, of Rembolt Ludtke Parker & Berger, Lincoln, for amicus curiae Platte County Agr. Soc.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

SHANAHAN, Justice.

The Nebraska State Racing Commission (Racing Commission) appeals from a declaratory judgment granted by the district court for Lancaster County in favor of the Nebraska State Board of Agriculture (Board), namely, the judicial determination that the Board's racetrack at the State Fairgrounds in Lincoln had a "total annual parimutuel handle" of less than $12 million in 1987 and, therefore, was a "recipient track" entitled to receive money from the...

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