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PITTSBURGH PALISADES v. HORSE RACING COM'N

844 A.2d 62 (2004)

PITTSBURGH PALISADES PARK, LLC, Petitioner v. PENNSYLVANIA STATE HORSE RACING COMMISSION, and Presque Isle Downs Inc., Respondents.

Commonwealth Court of Pennsylvania.

Decided March 4, 2004.

Attorney(s) appearing for the Case

Thomas L. VanKirk, Pittsburgh, for petitioner.

G. Thompson Bell, III, Reading, for respondent, Presque Isle Downs, Inc.

R. Douglas Sherman, Harrisburg, for respondent, PA State Horse Racing Commission.

BEFORE: COLINS, President Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, COHN, Judge and SIMPSON, Judge.

OPINION BY Judge SIMPSON.

We are asked to decide whether, on remand for further proceedings, the Pennsylvania State Horse Racing Commission (Commission) erred by failing to permit intervention by a new applicant for a license.

After various proceedings but without a trial-type hearing, a license was granted to Presque Isle Downs, Inc. (Presque Isle) to conduct thoroughbred horse racing with pari-mutuel wagering in...

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