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KEYSTONE REDEVELOP. v. GAMING CONTROL BD.

Nos. 2145 C.D. 2009, 74 C.D. 2010

5 A.3d 448 (2010)

KEYSTONE REDEVELOPMENT PARTNERS, LLC, Petitioner v. PENNSYLVANIA GAMING CONTROL BOARD and Philadelphia Entertainment and Development Partners, LP., Respondents.

Commonwealth Court of Pennsylvania.

Decided September 16, 2010.

Attorney(s) appearing for the Case

John P. Krill, Jr. , Harrisburg, for petitioner.

R. Douglas Sherman , Chief Counsel, Harrisburg, for respondent, The Pennsylvania Gaming Control Board.

Robert A. Graci , Harrisburg, for respondent, Philadelphia Entertainment and Development Partners, L.P.

BEFORE: SIMPSON, Judge, McCULLOUGH, Judge, and FRIEDMAN, Senior Judge.

OPINION BY Judge SIMPSON.

We consider an issue of first impression: under what circumstances may a person who did not appeal the denial of its application for a gaming license become involved in subsequent administrative proceedings of a licensee. We hold that under the Pennsylvania Race Horse Development and Gaming Act (Act),1 the circumstances for such a person to become involved are limited and...

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