Supreme Court of Louisiana, 1993

Jefferson Downs Corp. v. Louisiana State Racing Commission

Jefferson Downs Corp. v. Louisiana State Racing Commission
Supreme Court of Louisiana · Decided January 4, 1993 · Dennis, From, Kimball, Lemmon, Marcus
610 So. 2d 787; 1993 La. LEXIS 32; 1993 WL 3692 (Southern Reporter, Second Series)

Jefferson Downs Corp. v. Louisiana State Racing Commission

Opinion of the Court

In re Jefferson Downs Corp.; Pair Grounds Corp., Inc.; Louisiana Downs, Inc.; Delta Downs, Inc.; — Plaintiff(s); applying for writ of certiorari and/or review, writ of prohibition, writ of mandamus, supervisory/remedial writs; to the Court of Appeal, Fourth Circuit, No. 92CW-2846; Parish of Orleans, Civil District Court, Div. “G”, No. 92-20961.

*788Writ granted. Ruling of the court of appeal is reversed and that of the district court reinstated.

MARCUS and LEMMON, JJ., dissent from the order.

Dissenting Opinion

DENNIS, J.,

dissents. The administrative agency’s determination is presumed to be correct until shown otherwise by applicant upon judicial review. The applicant has not shown any basis for concluding that it would be prejudiced without a stay or any basis in law for granting it a preliminary injunction or a suspensive appeal.

KIMBALL, J., not participating.

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