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IN RE DISTRIBUTION OF CASINO SIMULCASTING SP. FUND

939 A.2d 230 (2008)

398 N.J. Super. 7

In the Matter of Consider DISTRIBUTION OF the CASINO SIMULCASTING SPECIAL FUND (ACCUMULATED IN 2005) In the Amount of $1,820,699.42 Pursuant to N.J.S.A. 5:12-205d.

Superior Court of New Jersey, Appellate Division.

Decided January 22, 2008.

Attorney(s) appearing for the Case

Michael D. Schottland, Freehold, argued the cause for appellant New Jersey Thoroughbred Horsemen's Association (Lomurro, Davison, Eastman & Munoz, attorneys; Mr. Schottland, of counsel; Peter V. Koenig, on the brief).

Kimmo Z. Hussain, Morristown, argued the cause for respondents Freehold Raceway, Pennwood Racing, Inc., FR Park, LP, Atlantic City Racing Association and Greenwood ACRA, Inc. (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; John M. Pellecchia, of counsel and on the brief; Mr. Hussain, on the brief).

Julie D. Barnes, Deputy Attorney General, argued the cause for respondent New Jersey Racing Commission (Anne Milgram, Attorney General, attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel; Ms. Barnes, on the brief).

Respondent New Jersey Sports and Exposition Authority did not file a brief.

Respondent Standardbred Breeders & Owners Association of New Jersey did not file a brief.

Respondent Thoroughbred Breeders' Association of New Jersey did not file a brief.

Before Judges FUENTES, GRALL and CHAMBERS.

The opinion of the court was delivered by

GRALL, J.A.D.

The New Jersey Thoroughbred Horsemen's Association (THA) appeals from a final order of the New Jersey Racing Commission (NJRC) distributing, pursuant to N.J.S.A. 5:12-205d, $1,820,669.42 that was deposited in the Casino Simulcasting Special Fund (Special Fund) during the year 2005. THA challenges the procedures the NJRC employed in distributing the fund among the competing applicants,

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