The Kentucky Court of Appeals has overturned a judge's ruling allowing race tracks to allow betting on historic horse racing.
The decision issued Friday by a divided appeals court sends the case back to Franklin Circuit Judge Thomas Wingate for further development of the issues. Wingate upheld a proposal allowing tracks to accept pari-mutuel bets on rebroadcasts of the old races, stripped of the names of the horses, jockeys and trainers.
The Family Foundation of Kentucky challenged a decision to allow instant racing.
Kentucky Downs in Franklin became the first track in the state to offer the game. Track officials say revenue has risen since the advent of instant racing and has been drawing patrons from Kentucky and Tennessee.