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FAMILY TRUST FOUND. v. KY. HORSE RACING

2018-SC-0630-TG.

620 S.W.3d 595 (2020)

The FAMILY TRUST FOUNDATION OF KENTUCKY, INC., d/b/a the Family Foundation, Appellant v. The KENTUCKY HORSE RACING COMMISSION; the Kentucky Department of Revenue; Keeneland Association, Inc.; Turfway Park, LLC; Players Bluegrass Downs; Appalachian Racing, LLC; Kentucky Downs, LLC; Ellis Park Race Course, Inc.; Lexington Trots Breeders Association, LLC and Churchill Downs Incorporated, Appellees.

Supreme Court of Kentucky.

Rehearing Denied January 21, 2021.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT: Stanton L. Cave , Lexington, The Law Office of Stan Cave.

COUNSEL FOR APPELLEE, THE KENTUCKY HORSE RACE COMMISSION: Benjamin Adam Long , Office of Legal Services, Jacob Clark Walbourn , Lexington, Public Protection Cabinet, Jennifer Marie Wolsing , Kentucky Horse Racing Commission.

COUNSEL FOR APPELLEE, THE KENTUCKY DEPARTMENT OF REVENUE: Richard W. Bertelson III , Office of Legal Services for Revenue.

COUNSEL FOR APPELLEES, KEENELAND ASSOCIATION, INC.; TURFWAY PARK, LLC; PLAYERS BLUEGRASS DOWNS, INC. AND APPALACHIAN RACING, LLC: Samuel D. Hinkle IV , Louisville, William M. Lear, Jr. , Shannon Bishop Arvin , Lexington, Brad Keeton , Louisville, Stoll Kennon Ogden PLLC.

COUNSEL FOR APPELLEES, KENTUCKY DOWNS, LLC; ELLIS PARK RACE COURSE, INC.; AND LEXINGTON TROTS BREEDERS ASSOCIATION, LLC: William A. Hoskins III , Jay Edward Ingle , Christopher Flynn Hoskins , Jackson Kelly PLLC, Lexington.

COUNSEL FOR APPELEE, CHURCHILL DOWNS INCORPORATED: Sheryl G. Snyder , Jason Patrick Renzelmann , Frost Brown Todd, LLC, Louisville.

For the second time, this case is before this Court for consideration of the Kentucky Horse Racing Commission's regulations as applied to historical horse racing, and, on this occasion, the Franklin Circuit Court's determination that the Encore system constitutes a "pari-mutuel system of wagering." Because...

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