ALBUQUERQUE, N.M. (AP) The New Mexico Supreme Court is being asked to overturn a Court of Appeals decision and reinstate racing and gambling licenses for a planned racetrack casino in Raton. According to the Albuquerque Journal, a lawyer for La Mesa Racetrack and Casino on Monday filed a petition asking the high court to review the lower court's ruling. The case stems from Canadian developer Michael Moldenhauer's inability to complete a temporary casino, build the racetrack or host live races by a May 2010 deadline.
The Court of Appeals' ruling last month said no appeal was possible because the Racing Commission never issued a final order. La Mesa's petition asks the Supreme Court to return La Mesa's appeal to the Appeals Court “so the merits of this case may be addressed.''