Kopecky v. Iowa Racing & Gaming CommissionAnnotate this Case
In 2013, the citizens of Linn County approved a referendum to permit gambling games in the county. Thereafter, a county organization applied to the Iowa Racing and Gaming Commission for a license to operate a new gambling structure. The Commission denied the organization’s application. In 2015, Eugene Kopecky, a county resident, filed a petition for declaratory order asking the Commission to answer questions regarding the criteria it may considering licensure decisions. The Iowa Gaming Association, an association comprised of eighteen existing gambling licensees, intervened because the answers to Kopecky’s questions would affect the existing licensees. The Commission then announced its decision. Relevant to this appeal, the Commission ruled that it may consider the economic effect of a new gaming operation on existing gaming facilities when deciding whether to issue a new gaming license. The district court affirmed the Commission’s declaratory order. The Supreme Court affirmed, holding that the rule allowing the Commission to consider the economic effect of a new gaming operation on existing gaming facilities when deciding whether to issue a new gaming license is not “[b]eyond the authority delegated to the agency by any provision of law or in violation of any provision of law” under Iowa Code 17A.19(10)(b).