Station Square Gaming LP v. PA Gaming Control Board, No. 28 mm 2007 and IOC Pittsburgh, Inc. v. PA Gaming Control Board (Concurring Opinion)

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[J-44-45-2007] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT STATION SQUARE GAMING LP, Petitioner v. PENNSYLVANIA GAMING CONTROL BOARD, Respondent IOC PITTSBURGH, INC., Intervenor PITG GAMING, LLC, Intervenor : : : : : : : : : : : : : : No. 28 MM 2007 Petition for Review from the Order of the Pennsylvania Gaming Control Board Dated February 1, 2007 Granting the Application of PITG Gaming LLC and Denying the Application of Station Square Gaming LP for a Category 2 Slot Machine License in Pittsburgh, Pennsylvania, Docket Nos. 1361 and 1363 ARGUED: May 15, 2007 ************************* IOC PITTSBURGH, INC., Petitioner v. PENNSYLVANIA GAMING CONTROL BOARD, Respondent PITG GAMING, LLC, Intervenor STATION SQUARE GAMING LP, Intervenor : : : : : : : : : : : : : : No. 29 MM 2007 Petition for Review from the Order of the Pennsylvania Gaming Control Board Dated February 1, 2007 Granting the Application of PITG Gaming LLC and Denying the Application of IOC Pittsburgh, Inc. for a Category 2 Slot Machine License in Pittsburgh, Pennsylvania, Docket Nos. 1357 and 1361 ARGUED: May 15, 2007 CONCURRING OPINION MR. JUSTICE BAER DECIDED: July 18, 2007 I agree with Mr. Justice Saylor s thoughtful observations regarding the effect that the applicable prudent man standard has on our review under the circumstances of this case. In all other respects, I join the Majority Opinion. [J-44-45-2007] - 2

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