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LHT CAPITAL, LLC. v. INDIANA HORSE RACING

No. 49A02-0712-CV-1149.

895 N.E.2d 124 (2008)

LHT CAPITAL, LLC., Appellant-Plaintiff, v. INDIANA HORSE RACING COMMISSION, Indianapolis Downs, LLC, Oliver Racing, LLC, Duff Taylor Investments, LLC, and Ross J. Mangano, Appellees-Defendants.

Court of Appeals of Indiana.

October 23, 2008.

Attorney(s) appearing for the Case

James Bopp, Jr., Barry A. Bostrom, Bopp Coleson & Bostrom, Terre Haute, IN, Attorneys for Appellant.

Indiana Horse Racing Commission, Judy L. Woods, Paul D. Vink, Bose McKinney & Evans, Indianapolis, IN, Indianapolis Downs, LLC, J. Lee McNeely, McNeely Stephenson Thopy & Harrold, Shelbyville, IN, Attorneys for Appellee.

OPINION ON REHEARING

BROWN, Judge.

LHT Capital, LLC ("LHT") petitions for rehearing of a published opinion in which we affirmed the trial court's grant of a motion to dismiss for lack of subject matter jurisdiction. LHT Capital v. Ind. Horse Racing Comm., 891 N.E.2d 646 (Ind.Ct.App.2008). We held that LHT had failed to exhaust its administrative remedies by failing to raise the constitutionality and legality of...

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