Bay State Harness Horse Racing and Breeding Association, Inc. v. State Racing Commission, 344 Mass. 688

Summary

The Massachusetts Supreme Judicial Court reviewed the State Racing Commission's allocation of 1962 harness-racing days between Bay State Harness Horse Racing and Breeding Association and Eastern Racing Association. The court held that the commission complied with requirements for subsidiary findings and comparative evaluation of the license applications, and affirmed the commission's decision.

Holdings

1. The Commission fully complied with the court's prior mandates by making adequate subsidiary findings and conducting a fair comparative evaluation of Bay State's and Eastern's applications in light of the public interest.
2. The Commission could consider the comparative size of the pari-mutuel handle and resulting commissions paid to the Commonwealth as an aspect of the public interest. Bay State's probable economic injury was relevant only insofar as it affected the ability to maintain proper facilities and provide quality racing, and the Commission's finding on that point was supported by substantial evidence.
3. Bay State was not an aggrieved person under G.L. c. 30A, § 14, and therefore lacked standing to challenge whether Eastern would violate G.L. c. 128A, §§ 2(4) and 3(a), by suspending racing on Thanksgiving Day.

Questions Presented

1. Whether the State Racing Commission complied with the court's prior mandate to make adequate subsidiary findings and conduct a fair comparative evaluation of the competing license applications.
2. Whether the Commission's decision was based on an error of law under G.L. c. 30A, § 14(8)(c), including whether it properly considered pari-mutuel handle and the applicants' economic interests.
3. Whether Bay State had standing as an aggrieved person to challenge the alleged statutory violation arising from Eastern's proposed suspension of racing on Thanksgiving Day.

Disposition

affirmed