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In re Application of the New Jersey Sports and Exposition Authority Made Pursuant to the "Off-Track and Account Wagering Act"

May 12, 2008

IN THE MATTER OF THE APPLICATION OF THE NEW JERSEY SPORTS AND EXPOSITION AUTHORITY MADE PURSUANT TO THE "OFF-TRACK AND ACCOUNT WAGERING ACT" (N.J.S.A. 5:5-127 ET. SEQ.) AND THE RULES OF THE NEW JERSEY RACING COMMISSION, FOR THE ISSUANCE TO THE AUTHORITY OF AN OFF-TRACK WAGERING LICENSE, 1071 HIGHWAY NO. 37 WEST, TOMS RIVER, NEW JERSEY.


On appeal from a Final Determination and Order of the New Jersey Racing Commission.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued November 8, 2007

Before Judges Payne and Sapp-Peterson.

In these appeals, argued back-to-back and decided in this single decision, appellants, Township of Berkeley and Robert K. Haelig, Jr., a resident of Ortley Beach, appeal from the issuance of a license by the New Jersey Racing Commission (NJRC) to the New Jersey Sports & Exposition Authority (NJSEA) to site an off-track betting facility on highway-business zoned property, formerly occupied by a Grand Union grocery store, located in Toms River (formerly, Dover Township),*fn1 adjacent to an age-restricted housing development in Berkeley Township.

On appeal, Berkeley Township raises the following arguments:

POINT I.

THE OFF-TRACK AND ACCOUNT WAGERING ACT CONFLICTS WITH THE OPEN PUBLIC MEETINGS ACT, N.J.S.A. 10:4-6, ET SEQ.

POINT II.

THE OFF-TRACK AND ACCOUNT WAGERING ACT, N.J.S.A. 5:5-127, ET SEQ. IS UNCONSTITUTIONAL SPECIAL LEGISLATION.

POINT III.

THE NEW JERSEY OFF-TRACK AND ACCOUNT WAGERING ACT DOES NOT PERMIT A SIMPLIFIED REVIEW BEFORE THE LOCAL PLANNING BOARD TO THE AUTHORITY OR FREEHOLD RACEWAY.

The following arguments are made by appellant Haelig:

POINT I.

THE FINAL ORDER AND DETERMINATION OF THE NEW JERSEY RACING COMMISSION ISSUING THE OFF-TRACK WAGERING LICENSE TO FREEHOLD[] RACEWAY OTB, L.L.C. SHOULD BE VACATED ON GROUNDS THAT IT WAS IRREPARABLY TAINTED AND CORRUPTED BY CONFLICTS-OF-INTEREST FROM THE INCEPTION OF THE APPLICATION PROCESS. (NOT PRESENTED BELOW)

POINT II.

APPELLANT ROBERT K. HAELIG, JR. ADOPTS AND INCORPORATES BY REFERENCE, THE ARGUMENTS ADVANCED BY CO-APPELLANT, TOWNSHIP OF BERKELEY.*fn2

We ...


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