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LIVINGSTON DOWNS RACING ASS'N, INC. v. STATE EX REL. EDWARDS

No. 94 CA 1514.

653 So.2d 1311 (1995)

LIVINGSTON DOWNS RACING ASSOCIATION, INC. v. STATE of Louisiana THROUGH EDWIN W. EDWARDS, Individually and as Governor, et al.

Court of Appeal of Louisiana, First Circuit.

April 7, 1995.

Attorney(s) appearing for the Case

Joseph Martin, Baton Rouge, for plaintiff-appellant— Livingston, Downs Racing Ass'n.

James Ross, Baton Rouge, for defendant-appellee—State of Louisiana, Office of Atty. Gen.

Melinda Tucker, New Orleans, for defendant-appellee—Oscar J. Tolmas, Chairman of Louisiana State Racing Com'n.

Darryl Manning, Baton Rouge, for defendant-appellee—Kevin P. Reilly, Sr. and as Secretary Dept. of Economic Development.

Duncan Kemp, Hammond, for defendant-appellee—Dist. Atty. Office—21st Dist.

Larry Bankston, Kirk A. Bergeron, George M. Cotton, Baton Rouge, for intervenor-appellee—The Fairgrounds Corp.

Before LeBLANC, PITCHER and FITZSIMMONS, JJ.

FITZSIMMONS, Judge.

In the fall of 1992, Appellant, Livingston Downs Racing Association, applied to the Louisiana State Racing Commission (Commission) for a permit to conduct live horse racing and to be licensed as an offtrack wagering facility. The Commission declined to place Louisiana Downs' application for an offtrack wagering facility on the agenda. Livingston Downs was effectively denied a license to operate an offtrack wagering facility. Having been denied...

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