Construction on Zia Park Racetrack and Casino in Hobbs, New Mexico can now begin after former Delta Downs owner Shawn Scott filed Monday to have his lawsuit against the racing commission dropped.
Scott, who lost the Hobbs license to R.D. Hubbard's Zia Partners in December, had alleged the commission's decision violated a state law that says an owner cannot have an interest in more than one track in the state. Hubbard also owns Ruidoso Downs in New Mexico.
It was also alleged Hubbard had not provided "evidence of suitability" to run either Ruidoso Downs or the new Hobbs track. On Monday, an attorney representing Scott filed a motion in Santa Fe district court to have the case dropped.
Scott's lawsuit was the final obstacle to begin construction on Zia Park, the Associated Press reported. The track and casino is expected to generate $50 million a year in revenue for the state.