La Mesa Racetrack and Casino lost in its bid to have its racing license reinstated when the New Mexico Court of Appeals on Monday dismissed the track's case against the New Mexico Racing Commission.
The ruling is the latest in a prolonged legal battle that has been waged since developer Michael Moldenhauer was unable to complete construction of a temporary casino and build a racetrack, in order to host live racing dates by the May 2010 deadline. Moldenhauer had been originally been granted a license for the planned $50 million racino in January 2009, according to the Albuquerque Journal.
In the article, Appeals Judge Michael Bustamante stated that the New Mexico Racing Commission, “despite its announced intent to take disciplinary action against La Mesa for not meeting its obligation to host live races by Memorial Day weekend 2010,” never issued a ‘final written order.'
“We determine that it (the commission) did not (issue a final written order) and that there was no appealable final order in this case,” Bustamante wrote.
“In addition, even assuming the Court determined that accepting jurisdiction was appropriate, we decline to review La Mesa Racetrack's arguments because those issues are moot,” Bustamante concluded.
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