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

No. 96 CA 1988.

700 So.2d 1021 (1997)

LIVINGSTON DOWNS RACING ASSOCIATION, INC. v. The STATE of Louisiana Through Edwin W. EDWARDS, Individually and as Governor; Richard P. Ieyoub, Attorney General of the State of Louisiana; Richard L. Stadler, Secretary of the Department of Public Safety and Corrections; Oscar J. Tolmas, Chairman of the Louisiana State Racing Commission; and Fair Grounds Corporation, Inc., Louisiana Downs, Inc., Delta Downs and Old Evangeline Downs, LLC.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied November 12, 1997.

Attorney(s) appearing for the Case

Joseph Martin, Baton Rouge, for Appellee-Plaintiff.

Victor Sachse, III, Claude Reynaud, Jr., Darlene Ransome, Baton Rouge, for Livingston Downs Racing Ass'n.

Melinda Tucker, New Orleans, for Appellee-Defendant Oscar J. Tolmas, Chairman of the Louisiana State Racing Commission.

James Ross, Baton Rouge, for Appellee-Defendant State of Louisiana Governor Edwin W. Edwards.

George M. Cotton, Kirk Bergeron, J. Carter Wilkerson, Baton Rouge, Salvador Anzelmo, New Orleans, for Appellant-Intervenor Fair Grounds Corporation, Inc.

C. James Gelpi, New Orleans, for Appellee-Intervenor Louisiana Horsemen's Benevolent and Protective Asso. 1993, Inc.

Before FOIL, WHIPPLE and TYSON, JJ.

FOIL, Judge.

This appeal challenges the trial judge's denial of a petition for intervention. After a thorough review of the record, we reverse and remand to the trial court to allow intervenor to raise the objection of no cause of action.

BACKGROUND

In 1987, the Louisiana Legislature enacted the Offtrack Wagering Law, La.R.S. 4:211 et seq., which allowed certain live horse racing associations to operate offtrack wagering facilities. The legislation...

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