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PEARSALL v. VIRGINIA RACING COM'N

Record No. 0696-97-2.

494 S.E.2d 879 (1998)

26 Va. App. 376

Robin J. PEARSALL and Monument Avenue Park Association v. The VIRGINIA RACING COMMISSION, Colonial Downs, L.P. and Stansley Racing Corporation.

Court of Appeals of Virginia, Richmond.

January 20, 1998.

Attorney(s) appearing for the Case

Patrick M. McSweeney (John L. Marshall, Jr.; McSweeney, Burtch & Crump, P.C., on briefs), Richmond, for appellants.

Teresa C. Manning, Assistant Attorney General (Richard Cullen, Attorney General; Michael K. Jackson, Senior Assistant Attorney General; Donald R. Ferguson, Assistant Attorney General, on brief), for appellee Virginia Racing Commission.

John C. Ivins, Jr. (James L. Weinberg; Chandra D. Lantz; Hirschler, Fleisher, Weinberg, Cox & Allen, P.C., on brief), Richmond, for appellees Colonial Downs, L.P. and Stansley Racing Corporation.

Present: BENTON, WILLIS and ANNUNZIATA, JJ.

WILLIS, Judge.

Robin J. Pearsall and the Monument Avenue Park Association (Association) contend that the trial court erred in ruling that the Association was not a "person aggrieved," see Code § 59.1-373, and that, for that reason, the Association lacked standing to appeal from a decision of the Virginia Racing Commission, an administrative agency.1 We disagree.

The Virginia Racing Commission (Commission) regulates...

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