LINCOLN — A lawsuit filed by Big Red Keno over who gets to provide casino gaming at the Lincoln Race Course has been dismissed.

As a result of the ruling, the Nebraska Horsemen’s Benevolent & Protective Association can continue its partnership with the Winnebago Tribe of Nebraska to expand gambling in Lincoln.

“We actually chose our partner in 2015, and we’re going to stick with the partner who will lead us to the greatest success,” Lynne McNally, the CEO of the horsemen’s association, said Tuesday.

The keno entity claimed that Omaha Exposition and Racing was reneging on an agreement to allow it to provide keno gambling through 2033, as well as any other expanded forms of gambling.

In a 14-page ruling on Monday, April 25, Lancaster County District Judge Robert Otte dismissed Big Red Keno's lawsuit. His opinion was that Omaha Exposition and Racing lacked the authority to grant such an exclusive agreement under its lease on the Lincoln racetrack with the horsemen's association.

However, Otte did rule that Big Red Keno had a valid claim against the Omaha racing company for damages and gave them 30 days to file an amended lawsuit on the issue.

Warhorse is planning to build $200-million casinos at the Lincoln Race Course and at Omaha's Horsemen's Park.

Big Red Keno's attorney, Steve Mossman, said they are considering an appeal to the decision.

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