BANGOR – In a ruling issued Friday, a Penobscot County Superior Court justice determined that the Maine Harness Racing Commission did not err when it rejected as “untimely” requests for legal standing in the Bangor Raceway licensing matter.

At issue is the Maine Harness Racing Commission’s 4-0 decision Feb. 17 to issue a conditional racing license to Penn National Gaming Inc., as well as its 3-1 vote before that not to grant intervenor status to parties that requested it during the meeting.

During oral arguments Wednesday, attorneys for Portland-based CasinosNo! and Maine’s Penobscot Nation and Passamaquoddy Tribe maintained their bids for legal standing were not late because they were submitted before the sale of Bangor Historic Track to Penn National Gaming, the designated developer of the proposed Bangor racino.

The tribes ultimately want a chance to compete for the right to operate the Bangor racino, while CasinosNo! opposes gambling.

It was not clear Friday if either group would appeal to the Maine Supreme Judicial Court.

During the proceedings, CasinosNo! and the tribes maintained that the transfer of Bangor Historic Track, the private company that operates racing at city-owned Bangor Raceway, from original racino developer Shawn Scott to Penn should have triggered a new application process.

Both groups also blasted the racing commission for voting to issue a conditional license, though a permanent license won’t be issued until Penn passes a state-mandated suitability investigation. The groups wanted the court to vacate the license.

After reviewing the facts in the case, Justice Andrew Mead concluded “that the petitioners arrived on the scene too late in the game.”

“Days and days of contested hearings had taken place, rulings were made upon the evidence, and the proceedings were winding down in anticipation of the upcoming harness-racing season,” Mead noted. “The issuance of a conditional license to BHT and assignment of 2004 race dates were already in the works.”

Obtaining a racing license was a critical step in Penn National’s plan to develop a racino at Bass Park. The facility, expected to require an investment of $40 million to $50 million, aims to combine harness racing with year-round entertainment, namely slot machines.

The Pennsylvania-based gaming and racing company now is seeking a slots license. First, however, the state must develop regulations and an oversight structure.