Omaha Exposition & Racing, Inc. v. Nebraska State Gaming CommissionAnnotate this Case
The Supreme Court vacated the order of the district court reversing and vacating the order of the Nebraska State Racing Commission directing Neb. Rev. Stat. 2-1207(2) funds collected by the Nebraska Horsemen's Benevolent & Protective Association, Inc. (HBPA) from Nebraska horse racing tracks be transferred to the Nebraska Thoroughbred Breeders Association (NTBA), holding that the district court lacked subject matter jurisdiction over this matter.
At issue was money accumulated from deductions of horse racing wagers under section 2-1207(2) and 2-1207.01 for the support, promotion, and preservation of agriculture and horse breeding in the state. The Commission granted NTBA's request to order the HBPA to pay all NTBA accumulated funds in the HBPA's possession to the NTBA Omaha Exposition and Racing, Inc. (OER) submitted a petition for judicial review. The district court reversed and vacated the Commission's order, concluding that the Commission erred by appointing NTBA as custodian and granting NTBA the authority collect and determine distribution of the deducted funds. The Supreme Court vacated the district court's order and dismissed this appeal, holding that the district court lacked subject matter jurisdiction due to OER's failure to sufficiently serve NTBA and the Commission.