
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SUNDAY, June 12, 1994                   TAG: 9406140142
SECTION: VIRGINIA                    PAGE: B-8   EDITION: METRO 
SOURCE: Associated Press
DATELINE: RICHMOND                                LENGTH: Medium

COURT CLEARS WAY FOR VOTE THAT COULD STOP RACETRACK/ 2ND REFERENDUM ON BETTIN

The Virginia Supreme Court has cleared the way for one locality to rethink its support for thoroughbred horse racing.

A referendum scheduled for Aug. 2 in Loudoun County threatens to derail plans for a track there, even though voters said in 1990 they would welcome a track.

The court Friday refused to hear an appeal from a Maryland track operator who wants to stop the second referendum. The court gave no explanation for denying Jospeh De Francis' petition for appeal.

Loudoun voters could kill De Francis' plans to build a $55 million track near Ashburn.

"We've got to figure out what our alternatives are," said Tim Capps, a spokesman for De Francis. "At this point, we're assuming there will be a referendum."

De Francis, who runs the Laurel and Pimlico tracks in Maryland, announced plans in January to build a track in Northern Virginia.

But track opponents gathered enough signatures to hold a new referendum on pari-mutuel betting, which county residents approved in 1990.

De Francis went to the state's highest court last month to block the referendum, contending it was illegal. But the court rejected his appeal. That day, a Loudoun circuit judge set an Aug. 2 election date.

Rebuffed by the high court, De Francis appealed to Loudoun County Circuit Court, which upheld the August referendum.

De Francis then returned to the Virginia Supreme Court.

De Francis' racing organization is one of six contenders for the license to run a track and up to six off-track betting parlors. The Virginia Racing Commission held license hearings this week and should make its decision by September.

If voters reject pari-mutuel betting before the Racing Commission awards the license, then De Francis' bid for a track in Virginia is over.

"I'm pleased that the state Supreme Court sat down and looked at this and realized that people have a right to vote," said Janet Castrovinci of Ashburn, who lead the petition drive for the referendum.

"And on Aug. 2, they'll find out how the people feel."

by CNB