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MOUNT AIRY #1 v. PA DEPT OF REVENUE

No. 34 EM 2015.

154 A.3d 268 (2016)

MOUNT AIRY # 1, LLC, Petitioner v. PENNSYLVANIA DEPARTMENT OF REVENUE AND EILEEN McNULTY, in Her Official Capacity as Acting Secretary of the Pennsylvania Department of Revenue, Respondents.

Supreme Court of Pennsylvania.

FILED: September 28, 2016.

Attorney(s) appearing for the Case

Michael F. Eichert, Esq. , Rigel Caitlin Farr, Esq. , Thomas A. Leonard, Esq. , Obermayer, Rebmann, Maxwell & Hippel LLP, Michael David Sklar, Esq. , Levine, Staller, Sklar, Chan & Brown, P.A., for Mount Airy # 1, LLC, Petitioner.

John Bartley Delone, Esq. , Keli Marie Neary, Esq. , Gretchen Sprigg Wisehart, Esq. , Pennsylvania Office of Attorney General, for Pennsylvania Department of Revenue and Eileen McNulty, in her official capacity as Acting Secretary of the Pennsylvania Dep't. of Revenue, Respondents.

SAYLOR, C.J., EAKIN, BAER, TODD, DONOHUE, DOUGHERTY, WECHT, JJ.

OPINION

JUSTICE WECHT

Mount Airy # 1, LLC operates a hotel and casino located in Mount Pocono, Pennsylvania. Mount Airy challenges the constitutionality of Section 1403(c) of the Pennsylvania Race Horse Development and Gaming Act ("Gaming Act"). See 4 Pa.C.S. §§ 1101, et seq. That section levies a "local share assessment" against all licensed casinos' gross slot machine revenue...

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