Summary 2006 WY 55

Summary of Decision issued May 4, 2006

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Case Name: Wyoming Downs Rodeo Events, LLC and Wyoming Horseracing Inc. v. State; and Jon R. Forwood, District Attorney, First Judicial District, State of Wyoming

Citation: 2006 WY 55

Docket Number: 05-201

Appeal from the District Court of Laramie County, the Honorable Edward L. Grant, Judge.

Representing Appellants (Plaintiffs): Bruce A. Salzburg of Freudenthal, Salzburg & Bonds, PC, Cheyenne, Wyoming.

Representing Appellees (Defendants): Patrick J. Crank, Wyoming Attorney General; Terry L. Armitage, Senior Assistant Attorney General. Argument by Mr. Armitage.

Date of Decision: May 4, 2006

Issue: Whether “Instant Racing” electronic gambling devices are expressly authorized by Wyoming statutes. Whether “Instant Racing” electronic gambling devices are prohibited by Wyoming law.

Holding: Wyoming Downs filed an action for declaratory judgment, seeking the court’s declaration that Instant Racing is lawful in Wyoming. Wyoming Downs sought a preliminary injunction and a permanent injunction. The district court denied injunctive relief in both instances. Wyoming statutes provide that both “gambling” and “professional gambling” are crimes. Wyo. Stat. Ann. § 6-7-102. Gambling is defined by Wyo. Stat. Ann. § 6-7-101(a)(iii) and “gambling device” is defined by Wyo. Stat. Ann. § 6-7-101(a)(iv). “Professional gambling” is defined by Wyo. Stat. Ann. § 6-7-101(viii). The Court reviewed the district court’s record and their findings and followed the same standards which applied to the proceedings. Granting a motion for summary judgment depends on the correctness of the dual findings that there is no genuine issue as to any material fact and that the prevailing party is entitled to judgment as a matter of law. The Court reviews the record from the vantage point most favorable to the party who opposed the motion, affording to that party the benefit of all favorable inferences that fairly may be drawn from the record. Questions of law are reviewed de novo. Based upon the same reasoning that the Court employed in the Fraternal Order of Eagles case, they concluded that the district court correctly construed and applied the applicable statutes and that it did not err as a matter of law in applying the statutes as it did. The description of the Instant Racing gaming device found in the patent documents makes it unmistakable that it is a “gambling device” as defined by Wyoming law. The description provided by the Wyoming Down’s affidavit and the photographs depicting the gaming device which were put into evidence, corroborate the inescapable conclusion that the terminals were gambling devices that the Wyoming State Pari-mutuel Commission could not authorize via the statutory powers granted to it. An agency may not rewrite a statute through its rulemaking power.

The Court affirmed.

C.J. Hill delivered the opinion for the court.

Link to the case: http://tinyurl.com/q7b4q .