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WEST FLAGLER v. DEPARTMENT OF BUSINESS

No. 1D13-2031.

139 So.3d 419 (2014)

WEST FLAGLER ASSOCIATES, LTD., Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Division of Pari-Mutuel Wagering, Appellee.

District Court of Appeal of Florida, First District.

May 27, 2014.

Attorney(s) appearing for the Case

John M. Lockwood and Hillary A. Ryan of John M. Lockwood, P.A., Tallahassee, for Appellant.

J. Layne Smith , General Counsel, and Garnett W. Chisenhall , Chief Appellate Counsel, of the Department of Business and Professional Regulation, Tallahassee; Andrew T. Lavin of Navon & Lavin, Fort Lauderdale, for Appellee.

MAKAR, J.

Summer jai alai permits are the focus of this appeal. At issue is whether the Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering ("Division") erred in denying the application of West Flagler Associates, Ltd. ("West Flagler"), seeking a permit to conduct summer jai alai under section 550.0745(1), Florida Statutes, which allows for the issuance of new permits under defined circumstances. Because the basis for the Division...

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