LINCOLN- The Nebraska Supreme Court handed down a decision reversing a Lincoln judge's ruling that the state's Racing Commission exceeded its authority in 2018 by ordering tracks in Lincoln and Omaha to turn over funds they collect to the Nebraska Thoroughbred Breeders Association.

Justice Jeffrey Funke said the district court did not have jurisdiction to hear the case because there was not a notice given within 30 days of the lawsuit.

A state statute requires licensed horse tracks to deduct a certain amount from wagers to promote horse breeding then distribute the funds as breeder and stallion awards at races. Nebraska's law is flawed as it does not spell out who should manage the funds. The dispute arose in 2017 when HBPA suspended distribution of funds because Fonner Park did not contribute its share. In the vote, the Racing Commission concluded that the breeders association was the entity that should hold the funds because it matches the goal of collecting the breeding funds. This decision was revered in 2018 because there was no authority to require another entity to be custodian of the funds.

Justice Jonathan Papik offered a concurring a opinion that the court lacked jurisdiction.

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