La Mesa Racetrack Developer Options Disappear

Trinidad Times - La Mesa Racetrack and Casino developer Michael Moldenhauer has decided not to ask the New Mexico Supreme Court to hear his appeal — rejected last month by the Court of Appeals — of the state Gaming Control Board’s decision to revoke La Mesa’s gaming license.
The deadline for La Mesa to ask the Supreme Court to hear the case passed last week without La Mesa filing a request.

Although Moldenhauer has decided against taking this appeal to the high court, he said in an e-mailed statement Monday, “we have not stopped our fight for Raton.” He said he is “hopeful of a positive outcome” in a separate appeal involving the racing license that was originally awarded to Moldenhauer in 2008, but was declared by the state Racing Commission to have expired at the end of 2010.

“If we are successful, we will then return to the Gaming Control Board and reapply for a new permit,” Moldenhauer said in the statement. “Therefore, it does not make sense to appeal this decision now while the Racing Commission appeal is still being considered. The Racing Commission appeal is our best way to return racing to Raton.”

Supreme Court officials indicated La Mesa could still make a request for the justices to consider the gaming-license appeal if the request is accompanied by a motion that would essentially ask that the deadline be waived. The court would then decide on whether to accept the motion and then whether to hear the case.
But Moldenhauer indicated going to the Supreme Court is not the best decision for La Mesa right now. “The matter that is relevant to the Racetrack in Raton is to maintain the rights to the last racetrack,” he said in his statement, reinforcing his belief that focusing on the racing-license appeal is key.
If it had chosen to, La Mesa had 30 days — from the time of the filing of the Court of Appeals decision that denied La Mesa’s appeal — to file a request that the Supreme Court hear the gaming-license case. The Court of Appeals decision was filed June 12.
The Court of Appeals found the gaming board acted properly in declaring as void Moldenhauer’s gaming license for his proposed racino in south Raton. Read full story here: News New Mexico

La Mesa Racetrack Developer Options Disappear