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SANDS BETHWORKS GAMING v. DEPT. OF REVENUE

No. 216 MM 2017.

207 A.3d 315 (2019)

SANDS BETHWORKS GAMING, LLC, Petitioner, v. PENNSYLVANIA DEPARTMENT OF REVENUE; C. Daniel Hassell in His Official Capacity as Secretary of the Pennsylvania Department of Revenue; and the Pennsylvania Gaming Control Board, Respondents.

Supreme Court of Pennsylvania.

Decided: April 26, 2019.

Attorney(s) appearing for the Case

Adam Anthony DeSipio, Esq. , Ilana H. Eisenstein, Esq. , DLA Piper LLP (US), John J. Hamill, Esq. , Timothy John Lowry , Esq., for Petitioner.

Karen Mascio Romano, Esq. , Joshua D. Shapiro, Esq. , Pennsylvania Office of Attorney General, Richard Douglas Sherman, Esq. , Pennsylvania Gaming Control Board, Anthony Thomas Kovalchick, Esq. , for Respondent.

Kristine Evans Marsilio, Esq. , Kevin M. Skjoldal, Esq , Mark Scott Stewart, Esq. , Eckert Seamans Cherin & Mellott, LLC, for Intervenor.

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

OPINION

This matter is brought in our original jurisdiction and involves a constitutional challenge to a recent amendment to Pennsylvania's gaming law. Under the amendment, casinos pay a supplemental assessment on slot-machine revenue, and the funds are then distributed primarily to underperforming...

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