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BRINKLEY v. TEXAS LOTTERY COM'N

No. 03-97-00252-CV

986 S.W.2d 764 (1999)

Shannon BRINKLEY, d/b/a Krane-Ko Vending, Appellant, v. TEXAS LOTTERY COMMISSION, Appellee.

Court of Appeals of Texas, Austin.

February 4, 1999.

Attorney(s) appearing for the Case

Ira E. Tobolowsky, Tobolowsky & Burk, P.C., Dallas, for Appellant.

John Cornyn, Atty. Gen., Matthew L. Rienstra, Asst. Atty. Gen., Admistrative Law Division, Austin, for Appellee.

Before Chief Justice ABOUSSIE, Justices B.A. SMITH and POWERS.

JOHN POWERS, Justice (Retired).

Shannon Brinkley sued the Texas Lottery Commission to obtain a declaratory judgment that certain machines, denominated "eight-liners," are not "gambling devices" as defined by the Texas Penal Code. See Tex. Penal Code Ann. § 47.01(B)(4) (West Supp. 1998). He applied for an injunction against enforcement of any criminal or administrative penalties for operating "eight-liners," and in a civil-rights action prayed for compensatory...

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