New Jersey Thoroughbred Horseman's Ass'n v. State

791 A.2d 320, 348 N.J. Super. 125, 2001 N.J. Super. LEXIS 490
CourtNew Jersey Superior Court Appellate Division
DecidedOctober 19, 2001
StatusPublished

This text of 791 A.2d 320 (New Jersey Thoroughbred Horseman's Ass'n v. State) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
New Jersey Thoroughbred Horseman's Ass'n v. State, 791 A.2d 320, 348 N.J. Super. 125, 2001 N.J. Super. LEXIS 490 (N.J. Ct. App. 2001).

Opinion

FISHER, P.J.Ch.

I

This action requires a determination of the novel issue of whether political contributions proposed by plaintiff New Jersey Thoroughbred Horseman’s Association (“the Association”) are consistent with the Association’s obligation to use a statutorily-created fund (“the Fund”) to “aid horsemen.” This Fund has had a noteworthy history in our courts since the enactment of the statute which called for its creation.1 But no court has yet considered the authority of the Association (or its predecessor 2) to make contributions to political campaigns or for lobbying activities.

As a preliminary matter, defendants State of New Jersey and the New Jersey Racing Commission (“Racing Commission”) contend this action should be transferred to either the Appellate [129]*129Division (claiming this action, in reality, seeks review of the Racing Commission’s denial of approval) or the Chancery Division, Mercer County (claiming the disputes are governed by a settlement agreement approved in that court 9 years ago). This application also requires a consideration of the troublesome jurisdiction problems previously outlined by the Appellate Division.3

II

The Association is authorized by statute to receive from the operators of New Jersey racetracks a portion of parimutuel funds and to use and distribute such funds for programs designed to “aid horsemen” in New Jersey. N.J.S.A. 5:5-66b(1)(d). This statute does not specify the uses to which the Fund may be put and, despite the litigation referred to in the margin,4 has not been amended to provide further definition to its scope.

The various prior suits have resulted in providing an understanding of the nature of the Fund as well as a blueprint for locating the proper forum for the resolution of disputes. A number of those suits, then pending in the Appellate Division and Chancery Division (Mercer County), resulted in a settlement agreement approved by the Honorable Paul G. Levy on June 5, 1992. The settlement agreement called for the dismissal of those pending suits,5 and resolved the handling of “bookkeeper’s interest” and other interest to be consolidated into a single account [130]*130eventually held by a successor entity (the Association herein).6 The agreement also describes the scope of disbursements from the Fund which may occur “without the approval” of the Racing Commission. The existence of this settlement agreement impacts, so says the Racing Commission, on the scope of relief sought in this case, as well as the proper forum for a resolution of this dispute.

The present dispute arises from the fact that the Association maintains a political action committee (known as Thoropae), which operates for the purpose of informing and educating legislators about issues affecting the horseracing industry. The Racing Commission has regulatory power over the financial activities of the Association.

The Association requested the Racing Commission’s approval of the use of $200,000 from the Fund for Thoropae, so that it could make contributions to candidates for office and to lobby politicians regarding horseracing issues and pending or proposed legislation. On September 21, 2001, the Racing Commission concluded that “political contributions do not constitute a legitimate benevolent program.” The Racing Commission’s entire analysis of that issue turns on its view that only those expenditures which provide “direct tangible” benefits to horsemen are authorized:

Programs such as health benefits and pension fund contribution provide horsemen with direct tangible benefits. Political contributions do not necessarily result in such benefits. A political contribution is generally provided to assist a legislator in the election process. Thus, legislators, not horsemen, are the beneficiaries of these payments.

Id. The Association takes a broader view, claiming in its complaint “the education of politicians and legislatures as to the need of horsemen and the passage of legislation that is favorable to horsemen, and the defeat of legislation that hurts them, is within the scope of the purposes for which [the Association] was organized and is beneficial to horsemen.” By way of this suit, the [131]*131Association claims the Racing Commission’s conclusion is “arbitrary, capricious and unreasonable and unduly restrictive of the purposes and goals” of the Association and the statutory scheme. Id. The Association also argues that this court is the proper forum for obtaining directions as to the use of the Fund.

Ill

To vindicate its contentions, the Association commenced this action on September 28, 2001 soon after the Racing Commission’s unfavorable decision. This court entered an order on October 1, 2001, requiring defendants to show cause why the relief sought in the complaint should not be granted. Defendants, via cross-motion, seeks dismissal for lack of jurisdiction or, in the alternative, a transfer either to the Appellate Division or the Chancery Division (Mercer County). In some respects a determination of the proper forum informs the propriety of the proposed expenditures.

A

As for the conflict over the proper forum, the court has the inestimable guidance of the decision in Horsemen’s Benevolent Protective Ass’n v. Racing Com’n, 251 N.J.Super. 589, 598 A.2d 1243 (App.Div.1991).7 In that action, the court reviewed the history of the Association and the purpose of the applicable statute in determining “whether anything in the statutory scheme creating the Fund evinces a legislative intent to confer upon the Racing Commission exclusive jurisdiction to adjudicate all legal and factual disputes involving control and disposition of the Fund.” Id., at 601, 598 A.2d 1243. This court need not reinvent the wheel. After thoroughly canvassing the existing law on the subject, the Appellate Division concluded that

[132]*132[w]hile the Fund defies simple or certain classification, we are satisfied that its attributes are most nearly akin to those of a quasi-public charitable trust for the benefit of a large and indefinite class which, the record suggests, now totals some 6,000 owners, trainers, and employees. The trust res is, of course, the percentage of the purse money so allocated, the settlors are the owners themselves under the statutory scheme, and the trustee is the private non-profit organization receiving and administering the res for the adjudicated public-welfare trust purposes. Thus the Fund, to the considerable extent to which it constitutes a quasi-public charitable trust, must be deemed, to be, as are all charitable trusts, under the general supervisory power of the Chancery Court, which may be invoked by the Attorney General, a trustee, or by a person having a special interest in it. [Id., at 601-602, 598 A.2d 1243 (emphasis added).]

As a result, the Appellate Division found the Racing Commission does not have exclusive jurisdiction to direct or limit the use of the Fund.

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Bluebook (online)
791 A.2d 320, 348 N.J. Super. 125, 2001 N.J. Super. LEXIS 490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-jersey-thoroughbred-horsemans-assn-v-state-njsuperctappdiv-2001.