THE VIRGINIAN-PILOT 
              Copyright (c) 1995, Landmark Communications, Inc.

DATE: Saturday, January 14, 1995             TAG: 9501140158
SECTION: LOCAL                    PAGE: B5   EDITION: FINAL 
SOURCE: ASSOCIATED PRESS 
DATELINE: RICHMOND                           LENGTH: Medium:   51 lines

GROUP ARGUES THAT ITS APPEAL OF HORSE-TRACK DECISION IS VALID

A Virginia group appealing the Virginia Racing Commission's award of the state's first pari-mutuel horse-racing license to an Ohio group says it filed the necessary papers before a required deadline.

The commission last month asked the Richmond Circuit Court to dismiss the Virginia Jockey Club's lawsuit, saying the Middleburg group filed its appeal too late.

The Virginia Jockey Club and three other groups that were passed over for the license had 30 days to challenge the commission's Oct. 12 decision to award the license to Stansley Management, which will build a track in New Kent County.

The Virginia Jockey Club was the only loser to object, filing the notice of appeal Nov. 10 and the full appeal Dec. 9. The commission argued in a Dec. 21 motion to dismiss the lawsuit that the notice of appeal didn't constitute a legal challenge.

But the document the Virginia Jockey Club filed with the court Friday , contended that the notice of appeal ``met the appellate requirements'' of state law.

The Virginia Jockey Club said state law does not specify how the appeal is to be made, but it said its notice of appeal directly stated that an appeal was being made to the court and the commission.

In its motion to dismiss, the commission said the deadline served to let it know when the possibility of litigation was over. The Virginia Jockey Club responded that with its notice of appeal ``the VRC had no basis other than wishful thinking to assume that the litigation had ended.''

The Virginia Jockey Club's appeal contends that the commission's decision was based solely on a desire to create a Maryland-Virginia circuit - thus eliminating all applicants but Ohio track operator Arnold Stansley, who plans to work with the Maryland Jockey Club in developing the $40 million Colonial Downs track.

The appeal asks the court to order the commission to revoke its October decision and award the license to the Virginia Jockey Club, led by developer James J. Wilson.

Wilson, the only northern Virginia applicant, proposed a $45 million track in Prince William County. He contended his track would best serve Virginia's equine industry because of its location in the heart of the state's horse country and his plan for year-round racing. by CNB