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MIKE M. MARCELLO v. LA. GAMING CONTROL BD.

Nos. 2004 CA 0488, 2004 CW 1224.

903 So.2d 545 (2005)

MIKE M. MARCELLO, INC. v. LOUISIANA GAMING CONTROL BOARD.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied June 21, 2005.

Attorney(s) appearing for the Case

R. Bruce Macmurdo, Baton Rouge, for Plaintiff-Appellee, Mike M. Marcello, Inc.

L. Rand Dennis, Baton Rouge, for Defendant-Appellee, Louisiana Gaming Control Board.

Jeff Diez, Gonzales, for Defendant-Appellee, Ascension Parish.

Nathan J. Folse, Baton Rouge, for Defendant-Appellee, St. James Parish.

Claude F. Reynaud, Jr., Jeanne C. Comeaux, Lauren S. Coenen, Baton Rouge, for Intervenor-Appellant and Relator, Natalie Adams.

Before: CARTER, C.J., PETTIGREW, and MCDONALD, JJ.

CARTER, C.J.

This procedurally complicated case arose out of a dispute over property on which Lucky Star Auto/Truck Stop (Lucky Star) is located, and whether video poker is allowed at the location. The two possible locations were St. James Parish, a parish where video poker operations are allowed, and Ascension Parish, a parish where video poker operations are not allowed. The Louisiana Gaming Control Board (Gaming Board) originally denied Lucky Star's application...

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