Hearing over horse track license canceled; issue moves to Court of Appeals

A hearing scheduled in Floyd County Circuit Court Tuesday that would have direct impact on the Keeneland Association’s ability to obtain a license to operate a quarter horse racetrack and betting facility in Corbin was cancelled. The case will instead go directly to the Kentucky Court of Appeals.

Bruce Carpenter, Director of Economic Development for the city of Corbin, said Tuesday that no date has been set yet for the case to be heard by the Court of Appeals.

“I remain steadfast and confident that the Kentucky Horse Racing Commission will prevail and Keeneland will obtain the license and will operate a racing facility here in Corbin,” Carpenter said. “From everything I’ve seen, I feel confident that’s what is going to happen. Everything is moving forward.”

horse track and “historical wagering” gambling parlor to be called “Cumberland Run.” The project was announced last year. It will be located on property off the Corbin Bypass.

Plans for the facility hit a roadblock last month when Floyd County and Appalachian Racing were granted a temporary restraining order by Floyd Circuit Judge Johnny Ray Harris preventing the issuance of a license by the Kentucky Horse Racing Commission to Keeneland to operate the facility.

Floyd County attorney Keith Bartley had filed the lawsuit against the KHRC on behalf of Floyd County and Appalachian Racing, which owns a harness racing track in Prestonsburg. In it he is requesting that Keeneland be forced to assume the Prestonsburg license, and the $2.2 million worth of bonded indebtedness that goes with it, instead of being given an unassigned ninth license for it’s Corbin facility.

Originally, Keeneland had been negotiating with Floyd County for the license to its harness track. Keeneland’s facility in Corbin was going to be called Thunder Gap.

But that changed when Keeneland decided to change the name of its facility and instead go for the open license.

Carpenter said last month the move was a “better and cleaner” option for Keeneland, and remained confident that the project would continue as planned.

The KHRC had asked the Kentucky Court of Appeals in December to intervene immediately and lift the temporary restraining order so it could act on the license request from Keeneland Tuesday, but the appeals court declined the request, saying the board would likely win on it’s own.

Now, the Appeals Court will apparently hear the case.

The Kentucky Court of Appeals contains 14 judges who are elected from appellate districts all across Kentucky. Three judge panels are selected to hear individual cases in different regions of the state.

and instead meets in different places in Kentucky to hear its cases.

Floyd County and Appalachian Racing want a permanent injunction issued against the KHRC that would prevent the board from granting Keeneland the license.

The KHRC wants the temporary injunction lifted so the licensed can be issued.

Bartley has argued that the KHRC must take into account the financial impact its actions would have on Floyd County. He said if Keeneland gets the license without having to pay off the county’s debt, it would be devastating to the county.

Kentucky House of Representatives Speaker Greg Stumbo (D-Prestonsburg) has filed legislation that would essentially force Keeneland to take the Prestonsburg license if it wants to operate a facility in Corbin.