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BEDFORD DOWNS MGMT. CORP. v. HARNESS RACING COM'N

901 A.2d 1063 (2006)

BEDFORD DOWNS MANAGEMENT CORPORATION, Petitioner v. STATE HARNESS RACING COMMISSION, Respondent. Valley View Downs, LP, Petitioner v. State Harness Racing Commission, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 19, 2006.

Attorney(s) appearing for the Case

Victor P. Stabile, Harrisburg, for petitioner, Bedford Downs Management Corporation.

Michael A. Finio, Harrisburg, for petitioner, Valley View Downs, LP.

Jorge M. Augusto, Asst. Counsel, Harrisburg, for respondent, State Harness Racing Commission.

BEFORE: COLINS, President Judge, McGINLEY, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, LEADBETTER, Judge, SIMPSON, Judge, and LEAVITT, Judge.

OPINION BY Judge FRIEDMAN.

Bedford Downs Management Corporation (Bedford) and Valley View Downs, LP, (Valley View) petition for review of the November 3, 2005, order of the State Harness Racing Commission (Commission), which denied both of their applications for the sole remaining license to conduct harness horse race meetings at which pari-mutuel wagering is permitted. With respect to the denial of Bedford's application, we vacate and remand. We affirm the denial...

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