GRAND ISLAND, Neb. (AP) — A Nebraska commission will consider approving a race track’s request to allow wagering on historical horse races, even as the state attorney general challenges its legality.

The Nebraska Racing Commission this week revisited a request from Fonner Park in Grand Island. Historical horse racing allows gamblers to bet on previously run races, though the identities of horses and riders are changed.

The five-member commission originally approved the request in October, but it rescinded that decision Monday following concerns from Nebraska Attorney General Doug Peterson.

Peterson says the commission’s decision was made during a meeting that violated open-meeting rules. He also says the commission doesn’t have the legal authority to approve the machines because it’s a new form of gambling.

The commission’s decision will be announced in the next few months.

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