IOWA WEST RACING ASS'N v. RACING & GAMING

No. 95-151.

546 N.W.2d 898 (1996)

IOWA WEST RACING ASSOCIATION, An Iowa Nonprofit Corporation d/b/a Bluffs Run, Appellee, v. IOWA RACING AND GAMING COMMISSION, and Jack P. Ketterer, Administrator of the Iowa Racing and Gaming Commission, Appellants.

Supreme Court of Iowa.

April 17, 1996.


Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, and Jeffrey D. Farrell, Assistant Attorney General, for appellants.

James A. Campbell and Edean M. Wetherell of Peters Law Firm, Council Bluffs, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, CARTER, and TERNUS, JJ.


HARRIS, Justice.

The legislature enacted a series of tax set-asides, allowing gaming enterprises to retain portions of tax revenues to be used by them for retiring debt obligations. The question here is whether one of these entitlements applied for the 1992 racing season of the plaintiff gaming enterprise. The answer is yes and we thus affirm a trial court judgment so holding.

Plaintiff Iowa West Racing Association (Bluffs Run) is a dog racing facility duly...

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