Bedford Downs Management Corp. v. State Harness Racing Commission

CONCURRING AND DISSENTING OPINION BY

Judge SIMPSON.

I agree with the well-written majority opinion as to the issues involving Valley View’s application. However, I respectfully dissent from the decision to vacate and remand for further consideration of Bed-ford’s application. For the reasons that follow, I would affirm the Commission on both applications.

Section 209(a) of the Race Horse Industry Reform Act (Reform Act), 4 P.S. § 325.209(a),1 provides in pertinent part: “If, in the judgment of the appropriate commission, the public interest, convenience or necessity will be served and a proper case for the issuance of the license is shown, the appropriate commission may *1077issue the license.” Several other clauses of this Section of the Reform Act make it clear that the Commission may consider the public’s interest not only in relation to the officers, directors or stockholders of any corporate applicant, but also in relation to the corporation itself, Section 209(a), and to any person, firm, association, or corporation other than the applicant that will share in the profits or participate in the management. Section 209(e)(3).

After a commendably extensive evaluation, the Commission concluded in relevant part as follows:

The mere appearance of connection and involvement of Ambrosia Coal and Construction Co. (and other family-owned companies) with organized crime and the ownership of the ground upon which Bedford intends to construct the project reflects negatively upon the racing industry and is therefore inconsistent with the best interests of racing.

Conclusion of Law, No. 16. The detailed discussion supporting this conclusion takes up several pages of the Commission’s decision. Commission Adjudication at 75-82.

I discern no error in the Commission’s common sense conclusion. It was well within the Commission’s broad discretion to conclude that issuance of a license upon an application which embraces a long, unresolved history of land owner involvement with reputed crime figures does not serve the public interest.

. Act of December 17, 1981, P.L. 435, as amended.