Judge Sides With OHBPA in $2.7M Belterra VLT Dispute

In a March 30 ruling, a federal judge granted a motion for summary judgment "for conversion and unjust enrichment" in the Ohio Horsemen's Benevolent and Protective Association's long-running lawsuit over gaming revenues with the operators of Belterra Park.

Chief Judge Algenon L. Marbley in the United States District Court for the Southern District of Ohio Eastern Division granted the plaintiff's judgment in part. He denied summary judgment to the OHBPA for prejudgment interest on a conversion claim.

The case stemmed from disputed video lottery terminal gaming commissions, which the OHBPA claimed in a lawsuit the defendants failed to fully pay from May 1, 2014-July 1, 2018. This totaled $2,769,652 without interest.

Marbley wrote that a 9.95% commission rate for gaming established by the Ohio State Racing Commission in the summer of 2018 was retroactively "applicable for the entire period that Belterra Park operated its VLT gaming."

Boyd Gaming purchased Belterra Park in 2018 when acquiring four gaming properties from Pinnacle Entertainment.

The Thoroughbred Daily News, which initially reported the Thursday ruling, quoted OHBPA executive director Dave Basler as saying the awarded money "obviously would be a benefit to our purse account."

The Cincinnati racetrack, the former River Downs, has seen its purses fall behind others in neighboring states, particularly next to Kentucky, which has seen its purses swell with revenues generated from slot-like gaming based on historical horse racing results.