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IN RE RESOLUTION OF NEW JERSEY CASINO CONTROL COM'N

262 N.J. Super. 572 (1993)

621 A.2d 536

IN RE RESOLUTION OF THE NEW JERSEY CASINO CONTROL COMMISSION CONCERNING THE ADOPTION OF AMENDMENTS TO N.J.A.C. 19:45-19:45-1.40(A) AND 19:45-1.40(B) AND ADOPTION OF N.J.A.C. 19:45-1.40(A) AND (B).

Superior Court of New Jersey, Appellate Division.

Decided March 12, 1993.

Attorney(s) appearing for the Case

John M. Donnelly argued the cause for appellant Atlantic City Megabucks Trust (Clapp & Eisenberg, attorneys, Mr. Donnelly of counsel, and Frederic S. Kessler on the brief).

Leonard J. DiGiacomo, Assistant Counsel, argued the cause for respondent Casino Control Commission (Daniel J. Carluccio, General Counsel, attorney, Mr. DiGiacomo on the brief).

Wendy Alice Way, Deputy Attorney General, argued the cause for respondent Department of Law and Public Safety, Division of Gaming Enforcement (Robert J. Del Tufo, Attorney General, attorney, Alvin G. Shpeen, Assistant Attorney General, of counsel and Ms. Way on the brief).

Before Judges R.S. COHEN, MUIR and KESTIN.

The opinion of the court was delivered by R.S. COHEN, J.A.D.

This appeal challenges the denial by the New Jersey Casino Control Commission (the CCC) of the petition of Atlantic City Megabucks Trust (the Trust) for amendment of a CCC regulation. The proposed amendment would have permitted the casinos, which are members of the Trust, to ratably deduct, for calculation of the eight percent tax on gross revenues, either...

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