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EAGLES AERIE 2341 v. GAMBLING CONTROL BD.

No. C2-94-2522.

533 N.W.2d 874 (1995)

In the Matter of the LAWFUL GAMBLING LICENSE OF EAGLES AERIE 2341, DETROIT LAKES, MN LICENSE NO. 00548, Realtor, v. STATE of Minnesota LAWFUL GAMBLING CONTROL BOARD, Respondent.

Court of Appeals of Minnesota.

July 3, 1995.

Attorney(s) appearing for the Case

Kevin P. Staunton, Sheila T. Kerwin, Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, for relator.

Hubert H. Humphrey, III, Atty. Gen., E. Joseph Newton, Asst. Atty. Gen., St. Paul, for respondent.

Considered and decided by HUSPENI, P.J., and NORTON and KLAPHAKE, JJ.

OPINION

KLAPHAKE, Judge.

Eagles Aerie 2342 (relator), a gambling organization, appeals by writ of certiorari respondent Minnesota Lawful Gambling Control Board's (the board) decision to deny its request to transfer gambling funds into its general account. The board decided the transfer was unjustified because it was a reimbursement for a previous transfer of nongambling funds to the gambling account when no "emergency" existed. In making its decision, the...

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