Belterra Park files for dismissal of HBPA lawsuit that seeks millions

A motion was filed Tuesday in the Southern District Court of Ohio by the owners of Belterra Park, to dismiss a "several million" dollar lawsuit alleging the track improperly withheld revenue from video lottery terminal gaming.

The crux of the lawsuit filed by the Ohio Horsemen’s Benevolent and Protective Association on Dec. 18, according to the original filing, is that Belterra should owe the OHBPA a “true-up” payment, for a period of time in which the percentage of VLT that should go to the organization was set at a placeholder 9.0 percent between 2014 and 2018, before it eventually settled at an agreed-upon 9.95 percent.

“Quite simply, Defendants have paid all amounts required to be paid and distributed under Ohio law, and OHBPA’s Complaint fails,” the new filing from Belterra reads.

The motion for dismissal argues that the track has no obligation to make any sort of catch up payment for the .95 percent difference.

Belterra’s filing states the OHBPA suit fails for four reasons, all boiling down to the organization having no claim to the money and no authority to bring the lawsuit.

“Defendants have paid all amounts required to be paid and distributed according to Ohio law,” the new filing states. “As such, Defendants respectfully request that the Court dismiss OHBPA’s Complaint.”

Beltarra’s filing also claims the OHBPA is overstepping its boundaries by asking for the payment in court.

"OHBPA may have labeled its claims against Defendants as conversion (Count I) and unjust enrichment (Count II), but disregarding the labels, the true nature of OHBPA’s Complaint is nothing more than an attempt to supplant the Racing Commission and enforce an Ohio statute and/or Ohio regulation over which it has no authority,” the filing reads.