AZTEC – The San Juan County Board of Commissioners has filed a petition for a writ of certiorari in Second Judicial District Court, seeking to block a state agency’s decision to move the Sunray Park Racetrack license from Farmington to Clovis.
The petition, filed March 25, alleges the New Mexico Racing Commission acted outside its legal authority when it approved an application by Western Gaming LLC to relocate the license to Curry County.
The county argues the New Mexico Horse Racing Act provides the commission with the power to “grant, deny, suspend or revoke” licenses but contains no provision authorizing the relocation of an existing racetrack.
In the filing, attorney Randy S. Bartell stated the commission’s decision-making was “arbitrary and capricious” and “not supported by substantial evidence.” The county also alleges it was denied due process when the commission rejected its motion to intervene as a formal party in the licensing proceedings.
San Juan County commissioners argue they did not have a full and fair opportunity to participate in the proceedings before the decision was made. As a result, they contend, the proceedings were fatally flawed.
“We intend to continue to fight for the families of San Juan County by keeping jobs, families and a positive economic impact here,” said San Juan County Commission Chair Sam Gonzales.
San Juan County is asking the court to vacate the commission’s order or, alternatively, remand the matter for a new hearing that allows for public testimony and the cross-examination of witnesses. The county also indicated it will seek a stay to prevent the relocation from proceeding while the court review is pending.
The New Mexico Racing Commission is represented by general counsel Richard Bustamante.
The Racing Commission issued its final order on Feb. 24, concluding the move would benefit the “health of the state’s horseracing industry.”
According to the commission’s order, Sunray Park’s casino revenue declined 60% between 2011 and 2024, while purse money at the Farmington facility dropped from $8 million to $3.6 million during that same period. A feasibility study by Marquette Advisors estimated the proposed Clovis casino could generate $109 million in gross gaming revenue by its second year of operation.
The commission acknowledged the potential economic impact to San Juan County but determined the Clovis location offers a larger population base due to its proximity to the Texas border. The agency further noted the relocation would result in “minimal disruption” to Native American gaming establishments, as the total number of slot machines would remain unchanged.
Western Gaming’s amended application, submitted by managing member Paul Blanchard, outlines a Clovis Racetrack and Casino to be located in Curry County.
Preliminary designs for the site include an inaugural live race meet of 32 to 34 days and a parking lot with 3,125 spaces, along with a three-level grandstand featuring a Jockey Club, Turf Club and an outdoor entertainment area.