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STATE EX REL. MOUNTAINEER PARK v. POLAN

Nos. 21767, 21768.

438 S.E.2d 308 (1993)

190 W.Va. 276

STATE of West Virginia ex rel. MOUNTAINEER PARK, INC., A West Virginia Corporation, Petitioner, v. Charles POLAN, Secretary of the Department of Administration of the State of West Virginia, and Ronald Riley, Director of the Purchasing Division of the Department of Administration of the State of West Virginia, Both in Their Official Capacities Only, Respondents. STATE of West Virginia ex rel. The WEST VIRGINIA STATE LOTTERY COMMISSION, Petitioner, v. Charles POLAN, Secretary of the Department of Administration of the State of West Virginia, and Ronald Riley, Director of the Purchasing Division of the Department of Administration of the State of West Virginia, Both in Their Official Capacities Only, Respondents.

Supreme Court of Appeals of West Virginia.

Decided October 28, 1993.

Attorney(s) appearing for the Case

John L. McClaugherty, Louis S. Southworth, II, Wendell Turner, Jackson & Kelly, Charleston, for petitioner, Mountaineer Park, Inc.

Robin Welch, Sp. Asst. Atty. Gen., Roane County, for petitioner, West Virginia State Lottery Comm'n.

Darrell V. McGraw, Jr., Atty. Gen., William S. Steele, Deputy Atty. Gen., Charleston, for respondents.

Reverend James M. Kerr, West Virginia Counsel of Churches, Charleston, amicus curiae.

Scott A. Churilla, Robinson & McElwee, Charleston, for amicus curiae GTech Corp.

Martin J. Gaughan, Weirton, for amicus curiae Racetrack Employees' Union Local 101.

McHUGH, Justice:

In these original proceedings in mandamus, the petitioners, Mountaineer Park, Inc. (hereinafter "Mountaineer") and the West Virginia Lottery Commission (hereinafter "Lottery Commission"), each seek a writ from this Court to compel the respondents, Charles M. Polan and Ron Riley, to approve a contract entered into between the petitioners for the operation of an electronic video lottery game. For the reasons...

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