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CASINO FREE PHILA. v. PA GAMING CONTROL BD.

934 A.2d 1249 (2007)

CASINO FREE PHILADELPHIA, The Multi-Community Alliance, Barbara Dowdall, Georjean Brinkley, Neighbors Allied For The Best Riverfront, Joanne and Paul Sherman, Edward Verrall, Northern Liberties Neighbors Association, Deborah Rudman, R & K Standard, Inc. d/b/a Standard Tap and Manpants, LLC d/b/a Johnny Brenda's Tavern, Petitioners v. PENNSYLVANIA GAMING CONTROL BOARD, Respondent and HSP Gaming, LP, Intervenor.

Supreme Court of Pennsylvania.

Decided November 21, 2007.

Attorney(s) appearing for the Case

John James Grogan, Irv Ackelsberg, Langer & Grogan, P.C., Philadelphia, for Casino Free Philadelphia, petitioner.

Kenneth Scott Roy, Office of Gen. Counsel, Howard Greeley Hopkirk, PA Office of Atty. Gen., for the Com. of PA, et al., respondents.

Francis T. Donaghue, PA Gamming Control Bd., for PA Gamming Control Bd., respondent.

Stephen David Schrier, Obermayer Rebmann Maxwell & Hippel, L.L.P., Cherry Hill, NJ, for Philadelphia Entertainment and Development Partners, L.P., amicus curiae.

Jennifer M. McHugh, Stephen A. Cozen, F. Warren Jacoby, Cozen O'Connor, West Conshohocken, for HSP Gaming, L.P., participant.

BEFORE: CAPPY, C.J., CASTILLE, SAYLOR, EAKIN, BAER, BALDWIN and FITZGERALD, JJ.

OPINION

Chief Justice CAPPY.

This matter raises a challenge to a subsection of the Pennsylvania Race Horse Development and Gaming Act ("Gaming Act"), 4 Pa.C.S. § 1101 et seq. Petitioners filed an Application for Leave to File Petition in the Nature of a Complaint Seeking Declaratory Judgment and Injunctive Relief ("Application").2 Via an order dated May 10, 2007, we directed that this matter be submitted on...

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