Ron Geary, the owner of Ellis Park, told the Louisville Courier-Journal on Tuesday that he hopes to open a gambling parlor offering Instant Racing by Labor Day, despite a court ruling this month that will extend a lawsuit over the game’s legality for several months.

Geary said that he is in talks with potential investors to become minority partners in his Western Kentucky track, contributing $3 million to construct the parlor that would have 177 of the machines. He hopes to have the deal wrapped up in the next couple of weeks, and expects that the parlor could open a month after that-sometime before the race meet ends on Labor Day.

Both Ellis Park and Kentucky Downs, which also offers Instant Racing, risk losing their investment if the appeal is successful.