Campbell Casto Clark, P.C. Sets Landmark Precedent in West Virginia Racing Commission Victory

CHARLES TOWN, WV –Campbell Casto Clark, P.C., is pleased to announce a significant legal victory on behalf of its clients, Dr. Maurice Casey and Mark Sell. In a Final Order issued following an evidentiary hearing on February 20, 2026, the West Virginia Racing Commission (the “Commission”) officially reversed a decision by the West Virginia Thoroughbred Breeders Association (“WVTBA”) that had denied the registration of a 2025 foal.

This case marks the first time a registration decision by the WVTBA has been successfully appealed to and decided by the Commission, establishing a vital procedural pathway for breeders throughout West Virginia.

By securing a reversal of that denial, our team—led by Partner Daniel M. Casto, Esq. and Senior Paralegal Elisabeth Longmire—has not only helped our clients but has clarified the Commission’s authority to ensure fairness in the registration process moving forward. The dispute centered on an unnamed colt, foaled on April 2, 2025, out of the mare Laura’s Angle. Despite the foal being born in West Virginia to resident breeders, the WVTBA denied the registration via email on December 13, 2025.

Key Findings of the Commission

The Commission’s ruling established several critical facts in favor of the Appellants:

Verified West Virginia Foaling: The Commission found that the preponderance of evidence, including credible expert testimony from Dr. Maurice Casey, a licensed veterinarian, proved the colt was born at Takaro Farm in Jefferson County, West Virginia.
Compliance with Rules: The foal met all eligibility requirements under West Virginia Code § 19-23-13a and 13b, as well as the WVTBA’s own “Eligibility Rules for West Virginia Breds” passed on August 12, 2024.
Residency: There was no credible evidence to rebut that Dr. Casey and Mark Sell are bona fide West Virginia residents.

A Victory for Regulatory Consistency

During the proceedings, the appellants challenged the WVTBA’s authority to enact rules that conflict with West Virginia Code. While the Commission found the foal qualified under all existing standards, it explicitly noted that its Order should not be “construed as authorizing the WVTBA to enact eligibility rules that conflict with the West Virginia Code.”

“This is a major win for the integrity of the West Virginia breeding industry,” said Daniel M. Casto. ”Our clients followed every statutory and regulatory requirement. This ruling ensures that breeders who invest in our state are protected by the law and that the WVTBA must operate within the bounds of its legal authority."

Immediate Action Required

The Commission has ordered the WVTBA to register the colt within two business days of the entry of the Order. This registration grants the foal full eligibility for the Bonus Race Fund and the West Virginia Accredited Race Fund.

Pursuant to West Virginia Code § 19-23-13a(b), the decision by the Commission is final.

Campbell Casto Clark, P.C. is a full-service law firm based in Leesburg, Virginia, serving clients throughout Northern Virginia, the greater Washington metropolitan area, and West Virginia. The firm represents individuals and businesses in complex litigation, fiduciary disputes, real estate matters, and high-stakes commercial cases.

ATTORNEY ADVERTISING MATERIAL. Results from prior matters depend upon a variety of factors unique to each situation. Past results do not guarantee or predict a similar outcome in future matters.