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BANGOR HISTORIC v. DEPT. OF AGRICULTURE

837 A.2d 129 (2003)

2003 ME 140

BANGOR HISTORIC TRACK, INC., et al. v. DEPARTMENT OF AGRICULTURE, Food and Rural Resources and Maine Harness Racing Commission

Supreme Judicial Court of Maine.

Decided: December 5, 2003.

Attorney(s) appearing for the Case

Stephen E.F. Langsdorf, Esq. (orally), William C. Moorhouse, Esq., Preti, Flaherty, Beliveau, Pachios & Haley, Augusta, for the plaintiffs.

G. Steven Rowe, AG, Jeffrey R. Pidot, AAG (orally), Mark Randlett, AAG, Augusta, for the defendants.

Thad B. Zmistowski, Esq. (orally), Gordon H.S. Scott, Esq., Eaton Peabody, Bangor, for the intervenor.

Panel: SAUFLEY, C.J., and DANA, ALEXANDER, CALKINS, and LEVY, JJ.

PER CURIAM.

[¶ 1] This matter is before the Law Court on a motion for stay pending appeal filed by Bangor Historic Track, Inc., Capital Seven, LLC, and Shawn A. Scott (hereinafter BHT). The motion, filed pursuant to M.R.App. P. 10(c), seeks to (1) stay the order of the Superior Court (Kennebec County, Marden, J.) denying BHT's motion for a temporary restraining order, and (2) enjoin the Department of Agriculture, Food and Rural Resources and the Maine...

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