Florida State Racing Commission v. Mclaughlin

102 So.2d 574 (1958)

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Nature of the Case

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Facts

P filed a suit for a declaratory decree against D. P wanted a judicial interpretation of certain statutes relating to the distance required between those holding racing permits. P wanted a decree stating that D's permit could not be legally issued and an injunction to enjoin D from issuing the permit or fixing any racing dates. Ds filed motions to dismiss and motions to strike portions of the complaint. The matter was set for final hearing and the parties stipulated that 'this case has been restricted to a consideration of a single question: 'Does Section 550.05, Florida Statutes [F.S.A.], forbid the operation of a harness horse racing track within one hundred miles of a dog racing plant?' The court issued the final decree: No permit shall be issued by the racing commission or voted upon in any county to conduct running horse races, harness horse races or dog races at a location within one hundred miles road travel via the most practicable route of another location for which a permit has been issued and a racing plant located. D appealed.