Appeals from the Orders of the State Horse Racing Commission in the cases of Applications of Valley Forge Racing Association, Inc. and Shamrock Racing Association, Inc.
Perrin C. Hamilton, with him Walter T. Darmopray, Joseph A. Malloy, Jr. and Hamilton, Darmopray & Malloy, for appellant.
James F. Cendoma, General Counsel, for appellee.
Bernard A. Ryan, Jr., with him Gordon W. Gerber, James M. Roosevelt and Dechert, Price & Rhoads, for intervenor, Shamrock Racing Association, Inc.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Rogers and Blatt. Judges Wilkinson, Jr., and Mencer did not participate. Opinion by Judge Kramer.
[ 17 Pa. Commw. Page 272]
These cases involve two appeals filed by Valley Forge Racing Association, Inc. (Valley Forge) from actions taken by the Pennsylvania State Horse Racing Commission (Commission), as described hereinafter. These cases were consolidated for argument and decision by an Order of the President Judge of this Court.
Case at No. 1133 C.D. 1973
The first case, at No. 1133 C.D. 1973, involves an appeal from the refusal of the Commission to consider a Valley Forge application for a license to conduct thoroughbred
[ 17 Pa. Commw. Page 273]
horse racing activities in the Commonwealth, and a denial of a request by Valley Forge for a hearing on that application. The denial was in the form of a letter signed by the general counsel of the Commission addressed to the attorney for Valley Forge. The entire body of the letter reads as follows:
"Regarding your request for a hearing on an application for a license to conduct Thoroughbred Horse Racing in Pennsylvania, be advised that at the present time there are no licenses available. Therefore, the Commission feels that at this time, a hearing would serve no useful purpose."
On August 22, 1973, Valley Forge appealed to this Court and also filed exceptions based upon allegations under which it contends that some of the six existing licenses ...