Kansas Racing Management, Inc. v. Kansas Racing Comm'n

The opinion of the court was delivered by Appellants, Kansas Racing Management, Inc., (KRM) and The
Wyandotte County Economic Development Commission, Inc., (WCEDC)
appeal from an administrative adjudication of the Kansas Racing
Commission (Commission) awarding conditional licenses to
appellees The Racing Association of Kansas East, Inc., (TRAK
East) and Sunflower Racing, Inc., (Sunflower) under the Kansas
Parimutuel Racing Act (Act), K.S.A. 1988 Supp. 74-8801 et seq.
Appellants claim: (1) the Commission's refusal to disclose Kansas
Bureau of Investigation (KBI) investigative reports to appellants
and the Commission's failure to provide appellants an opportunity
to present evidence and witnesses regarding those reports
violated statutory law and appellants' due process rights under
the Kansas and United States Constitutions; (2) the Commission
erred in ruling it lacked jurisdiction to consider an alleged
conflict of interest involving one of the principals of Sunflower
and the Kansas Attorney General; (3) K.S.A. 1988 Supp. 74-8813(a)
and 74-8815(c) were improperly retroactively applied to require
appellants to pay the cost of KBI background investigations; and
(4) the Commission's grant of conditional facility owner and
facility manager licenses to Sunflower and a conditional
organization license to TRAK East was arbitrary, capricious, or
an abuse of its discretion. Pursuant to our limited scope of
review and after careful consideration of all points raised on
appeal, we affirm. In 1986, the Kansas Constitution was amended to allow the
[244 Kan. 346]