Petitions filed against panel

Commission attorneys are reviewing other petitions filed by the companies.
By LAURE CIOFFI
VINDICATOR PENNSYLVANIA BUREAU
HARRISBURG -- Bedford Downs and Valley View Downs have both filed petitions in Pennsylvania Commonwealth Court against the Pennsylvania Harness Racing Commission.
Carmen Shick, Bedford Downs president, said the court petition was filed to protect his company's application for the state's last harness racing license.
Bedford Downs, which has proposed a harness race track in Lawrence County, and its competitor, Valley View Downs, who wants to build a track in Beaver County, were both denied the license in early November.
Both also have filed petitions for reconsideration of their applications with the harness racing commission.
Shick said he received legal advice that court action must be taken within 30 days of the commission's decision to preserve his company's right to challenge the commission's decision.
Rick Kelly, Valley View Downs spokesman, said his company received similar legal advice.
"As our lawyers reread the regulations there was significant ambiguities and it was decided to do this as a precaution," Kelly said.
Valley View's court petition states there is a conflict between the harness rules of procedure and the state appellate court procedure.
"Valley View Downs does not believe this matter is yet ripe for review," according to court papers. It goes on to state that the court petition is to protect Valley View's rights.
Anton Leppler, executive director of the harness racing commission, said the commission's legal department is reviewing both petitions for reconsideration.
"Then it will be up to the commissioners what they want to do," he said. Leppler gave no time frame for those decisions.
cioffi@vindy.com