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T.P. RACING v. ADOR.

No. 1 CA-CV 08-0733.

222 P.3d 280 (2009)

T.P. RACING, L.L.L.P. dba Turf Paradise Race Track, Plaintiff/Appellant, v. ARIZONA DEPARTMENT OF RACING, a department of the Executive Branch of the State of Arizona, Defendant/Appellee.

Court of Appeals of Arizona, Division 1, Department C.

December 22, 2009.

Attorney(s) appearing for the Case

Jennings Strouss & Salmon PLC, by Gerald W. Alston, and Douglas Gerlach, Phoenix, Attorneys for Appellant.

Terry Goddard, Attorney General, by Camila Alarcon, Assistant Attorney General, and Mary DeLaat Williams, Assistant Attorney General, Phoenix, Attorneys for Appellee.

OPINION

SWANN, Presiding Judge.

¶ 1 T.P. Racing, L.L.L.P. d/b/a/ Turf Paradise Race Track ("Turf Paradise") appeals from the trial court's grant of the Arizona Department of Racing's ("ADOR") motion to dismiss its action seeking a refund of charges paid in connection with the renewal of its racing license. We are asked to determine whether A.R.S. § 5-107.01 and related statutes permit ADOR to pass to license applicants the costs incurred in conducting...

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