Legal issues resolved, paving way for Breeders’ Cup

BY CHRISTINE VARNO
Staff Writer

OCEANPORT — A legal settlement reached late last month may have secured Monmouth Park Racetrack as the host venue for the 2007 Breeders’ Cup races.

A close to three-year-long dispute between the New Jersey Racing Commission and the New Jersey Thoroughbred Horsemen’s Association (THA) was settled through an agreement that was approved on March 31 by state Superior Court Judge Alexander D. Lehrer.

The settlement “paves the way for the 2007 Breeders’ Cup championship races to be held at Monmouth Park,” according to a press release from the state Attorney General’s Office, under whose purview the Racing Commission falls.

“The folks behind the Breeders’ Cup said they were reluctant to bring the Breeders’ Cup to [New Jersey] because of the dispute,” said Lee Moore, spokesman for the Attorney General’s office, in an interview on Monday.

“The president of the Breeders’ Cup, D.G. Van Clief, said an alternative site for [the Breeders’ Cup] would be sought because of the apparent lack of progress in settling the case.

“[Van Clief] said he wanted to see the matter settled,” Moore said.

A lawsuit was filed in August 2002 by the New Jersey Racing Commission against the THA “to ensure that funds earmarked for programs intended to benefit the horsemen and backstretch personnel were used for that purpose, according to Frank Zanzuccki, the executive director of the Racing Commission.

“This settlement allows us to achieve that goal,” he said.

The agreement outlines bylaw changes that will formalize conflict-of-interest and anti-nepotism provisions for officers and board members of the THA, according to the press release.

The settlement requires the THA to adhere to the regulatory requirement that 70 percent of the funds subject to the Racing Commission’s oversight will be used for programs to benefit the horsemen.

Other terms of the agreement include that funds subject to the Racing Commission’s regulatory jurisdiction will be returned to the control of the commission, according to the release. Those funds include 2.9 percent of all purses.

Prior to the settlement, Breeders’ Cup officials said they were reluctant to bring the championships to New Jersey in a “climate of legal disagreement.”

“This is an important day for horse racing in New Jersey,” said Zanzuccki on March 31. “This settlement agreement not only helps to ensure the integrity of the sport, it clears the way for the Breeders’ Cup races to be held in our state.

“The compromise will hopefully prevent this from happening again in the future.”

The Breeders’ Cup is a $14 million event that consists of eight thoroughbred races and attracts the top horses and jockeys. According to the press release, “The Breeders’ Cup Classic, the final race of the day, is the richest horse race in the United Sates”.

Racing Commission Chairman John J. Tucker thanked acting Gov. Richard Codey for his assistance in helping to resolve the differences between the two sides in the legal dispute.

Tucker credited Codey with “playing a key role in resolving a situation that, left unresolved, could have resulted in the Breeders’ Cup races being held in another state,” the release said.

Zanzuccki said he will know shortly if the Breeders’ Cup will definitely be coming to Monmouth Park Racetrack.

“It was indicated by [Breeders’ Cup officials] that there was one condition for them to bring the Breeders’ Cup to New Jersey, which was for this case to be resolved,” he said.

“My understanding is that a contract with the New Jersey Sports and Exposition Authority [the owners of the racetrack] will be completed very shortly, and upon signing, we will be certain the Breeders’ Cup will be here.”