W.Va. Supreme Court OKs Lottery's 300-Foot Rule

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Charleston, W.Va. (AP) -- The West Virginia Supreme Court has upheld the state lottery commission's 300-foot rule covering the location of limited video lottery parlors.

Monday's 4-1 decision consolidated two separate cases that were decided in Kanawha County Circuit Court.

The first involved a plan to open a gambling parlor near a Hancock County gas station.

The lottery commission rejected it, saying it was too close to the gas station.

A circuit judge overturned the commission, saying the 300-foot rule was invalid.

In the second case, another judge upheld the 300-foot rule by affirming the commission's decision to reject the Parkersburg Elks Club's plan to open a video lottery parlor.

The commission rejected the parlor because it would have been within 300 feet of two churches.

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