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IN RE NORTH METRO HARNESS, INC.

No. A05-471.

711 N.W.2d 129 (2006)

In the Matter of the Class A License Application of NORTH METRO HARNESS, INC.

Court of Appeals of Minnesota.

March 28, 2006.

Attorney(s) appearing for the Case

Byron E. Starns, Timothy J. Keane, James A. Stein, Leonard, Street & Deinard, P.A., Minneapolis, MN, for relator Columbus Concerned Citizens, Inc.

Mike Hatch, Attorney General, Darren DeJong, Assistant Attorney General, Kenneth Raschke, Assistant Attorney General, St. Paul, MN, for respondent Minnesota Racing Commission.

John E. Drawz, Jay Quam, Mollie M. Smith, Fredrikson & Byron, P.A., Minneapolis, MN, for respondent North Metro Harness, Inc.

Considered and Decided by WRIGHT, Presiding Judge; WILLIS, Judge; and WORKE, Judge.

OPINION

WORKE, Judge.

Following respondent the Minnesota Racing Commission's vote to deny respondent North Metro Harness, Inc.'s application for a Class A racetrack license, commissioners received new information outside of the record that settled concerns underlying the application denial. The commission sua sponte moved to reconsider its decision, and after reopening the record to receive new information, granted the application. On this appeal, relator...

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