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PITTSBURGH PALISADES PARK, LLC v. COM.

888 A.2d 655 (2005)

PITTSBURGH PALISADES PARK, LLC and Charles J. Betters, Petitioners v. COMMONWEALTH of Pennsylvania; Edward G. Rendell, Governor of the Commonwealth of Pennsylvania; Robert C. Jubelirer, President Pro Tempore and Trustee ad litem of the Senate of the Commonwealth of Pennsylvania; John M. Perzel, Speaker and Trustee ad litem of the House of Representatives of the Commonwealth of Pennsylvania, Respondents.

Supreme Court of Pennsylvania.

Decided December 28, 2005.

Attorney(s) appearing for the Case

Michael K. English, Thomas W. King, Butler, for Pittsburgh Palisades Park, LLC and Charles J. Betters, petitioners.

R. Douglas Sherman, for the Com. of PA, respondent.

Linda J. Shorey, David R. Overstreet, John P. Krill, Harrisburg, Amy L. Groff, for, for Robert C. Jubelirer, respondent.

Leonidas Pandeladis, Leslie Anne Miller; Gregory Eugene Dunlap, Harrisburg, Peter Grattan Glenn, for Edward G. Rendell.

Jonathan F. Bloom, Jason K. Cohen, C. Clark Hodgson, Philadelphia, for John M. Perzel, respondent.

Lawrence T. Hoyle, Arlene Fickler, Philadelphia, for PA Gaming Control Bd., respondent.

Before: CAPPY, C.J., CASTILLE, SAYLOR, EAKIN and BAER, JJ.

OPINION

Chief Justice CAPPY.

In this matter, we address a facial constitutional challenge to a provision contained in The Pennsylvania Race Horse Development and Gaming Act (the "Gaming Act" or the "Act"), 4 Pa.C.S. § 1101 et seq. For the reasons stated below, we find that Petitioners Pittsburgh Palisades Park, LLC and Charles J. Betters (collectively "Petitioners") do not have standing to bring this action.

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