A federal judge has dismissed a lawsuit filed by Beaver County developer Charles Betters seeking to overturn the state's slot machine gambling law, but seems to have left the door open for another challenge down the road.

In orders issued during the past two weeks, U.S. District Judge Gary L. Lancaster dismissed claims made against Gov. Ed Rendell, House Speaker John Perzel, Senate President Pro Tem Robert Jubelirer and the state's Gaming Control Board.

Betters filed suit last August, charging that the new law specifically excluded him from obtaining racing and slots licenses for his proposed $500 million Palisades Park development in Hays. He had planned to operate a thoroughbred race track and slots parlor at the site.

Among his allegations, the developer targeted provisions that prevented combined racetracks/slots parlors from being located within 20 linear miles of one another. That effectively would bar Betters, whose track would be located within 20 miles of The Meadows racetrack.

The law also said that the last racetrack/casino license to be issued would go to a harness racing track. That also would exclude Betters, who is planning the thoroughbred track. The other six racetrack/casino licenses already have been pledged to existing tracks or those under development.

Lancaster ruled that Rendell, Perzel and Jubelirer were protected from the lawsuit by legislative immunity.

The judge also ruled that Betters did not have standing to sue the gaming board because the state agency set up to award licenses to the racetrack/casinos, stand-alone slots casinos and resorts has made no decisions.

But that might not be the end.

"If and when plaintiffs have completed the application processes and been denied the license(s) necessary to operate their proposed facility, only at that point might they have standing to re-initiate an action against the board," Lancaster wrote.

Betters' attorney, Thomas King, could not be reached for comment. Gaming Control Board spokesman Nick Hays said the agency was "very pleased" with the decision.