State ex rel. West Flagler Kennel Club v. Florida State Racing Com'n
| Decision Date | 24 September 1954 |
| Citation | 74 So.2d 691 |
| Parties | STATE of Florida ex rel. WEST FLAGLER KENNEL CLUB, Inc., a Florida corporation, Relator, v. FLORIDA STATE RACING COMMISSION and Ray E. Dilg, Julian Lane, J. M. Caruthers, Millard G. Gilmore and Frank Winchell, as and constituting the members of theFlorida State Racing Commission, Respondents. |
| Court | Florida Supreme Court |
Richard W. Ervin, Atty. Gen., George E. Owen, Asst. Atty. Gen., and Robert H. Carlton, Tampa, for respondents.
J. Lewis Hall, Tallahassee, for Biscayne Kennel Club, Inc., amicus curiae.
Relator filed its petition for alternative writ of mandamus in this Court, directed to respondents, praying that they meet and rescind their order apportioning dates for racing to the several dog tracks in Dade County or to show cause on a day certain why they refuse to do so. Biscayne Kennel Club, the holder of a permit to conduct dog races in said county, was permitted to appear and file a brief amicus curiae. Objections to issuance of the alternative, including a return, were filed to the petition.
The ultimate question raised by the pleadings is whether or not the State Racing Commission abused its discretion in allocating racing dates to the dog tracks in Dade County.
That mandamus will not be granted where the right to it is doubtful, or that the granting of such a writ is a matter of discretion and that it may be employed to coerce action but that it will not be employed to control action or discretion, is so fundamental that supporting authority is unnecessary. It is admitted that the State Racing Commission allocated an equal number of days for racing to each of the dog tracks in question. The statute relied on is Section 550.02(1) F.S. Section (1) Chapter 24348, Acts of 1947, F.S.A.
Relator contends that respondent abused its discretion in awarding dates for dog racing to the various dog tracks in Dade County. The following authorities are relied on to support this contention: State ex rel. Pinellas Kennel Club, Inc. v. State Racing Commission, 116 Fla. 143, 156 So. 317; State ex rel. West Flagler Amusement Company, Inc. v. Rose, 122 Fla. 227, 165 So. 60; State ex rel. Biscayne Kennel Club, Inc. v. State Racing Commission, 126 Fla. 298, 170 So. 839, and State ex rel. Biscayne Kennel Club, Inc. v. Stein, 130 Fla. 517, 178 So. 133.
These cases were decided prior to Chapter 24348, Acts of 1947, amending Section 550.02(1) which removed the requirement that racing dates be apportioned to the several tracks in a 'fair and impartial manner'. Since the 1947 amendment racing dates are apportioned to the counties 'as provided by law'. We do not hold that the latter amendment had the effect of removing the requirement that racing dates be fixed in a fair and impartial manner but we do hold that it enlarged the discretion of the State Racing Commission and authorized it to consider not only the interest of those operating race tracks but the interest of the State as well when...
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