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WYOMING DOWNS RODEO EVENTS, LLC v. STATE

No. 05-201.

134 P.3d 1223 (2006)

2006 WY 55

WYOMING DOWNS RODEO EVENTS, LLC, a Nevada limited liability company; and Wyoming Horseracing, Inc., a Wyoming corporation, Appellants (Plaintiffs), v. STATE of Wyoming; and Jon R. Forwood, District Attorney, First Judicial District, State of Wyoming, Appellees (Defendants).

Supreme Court of Wyoming.

May 4, 2006.

Attorney(s) appearing for the Case

Representing Appellants: Bruce A. Salzburg of Freudenthal, Salzburg & Bonds, P.C., Cheyenne, Wyoming.

Representing Appellees: Patrick J. Crank, Wyoming Attorney General; and Terry L. Armitage, Senior Assistant Attorney General. Argument by Mr. Armitage.

Before HILL, C.J., and GOLDEN, KITE, VOIGT, and BURKE, JJ.

HILL, Chief Justice.

[¶ 1] Appellants, Wyoming Downs Rodeo Events, LLC, and Wyoming Horseracing Inc, (collectively Wyoming Downs) contend that the district court erred in granting summary judgment in favor of Appellee, the State of Wyoming. That judgment had the effect of declaring that Wyoming Downs' Instant Racing terminals were prohibited gambling devices. The judgment also denied Wyoming Downs' request that the District Attorney for the First Judicial District...

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