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Millions in Nebraska Lottery funds are frozen as lawsuit moves forward

A judge ruled the money should stay put until the courts decide who has the right to spend it.

The 3rd Judicial District in Lancaster County.
The 3rd Judicial District in Lancaster County is handling the $28.52 million dispute.
Todd Betzold
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Nebraska Lottery players have generated millions of dollars for the state over the years, but more than $28 million of that money is now tied up in court. A judge has temporarily blocked the state from transferring or spending the money while a lawsuit about its use moves forward.

At the center of the dispute is $28.52 million that had been earmarked for the Nebraska Environmental Trust before lawmakers redirected it to other state funds during the past two legislative sessions. The plaintiffs behind the lawsuit say those transfers violated the purpose voters approved when they agreed to dedicate lottery money to environmental programs.

Judge issues injunction

The latest in this lawsuit took place on Monday, June 29, 2026. That is when Lancaster County District Judge Susan Strong issued a temporary injunction.

For this injunction, Strong said the money should remain untouched while the courts determine if the transfers were done legally or not.

In her ruling, Strong said the plaintiffs showed a reasonable chance of success in the case. So, if she allowed the money to be spent before a final decision could be made, the dispute would be impossible to resolve later.

With this injunction, it immediately blocks additional spending of the money that has already been transferred. It also prevents future transfers from taking place while this case continues.

Voters approved how the funds are to be used

This all goes back to when the state lottery was created, which took place in 1992. At that time, voters approved the state lottery. This approval created the Nebraska Environmental Trust, which would provide grants for projects that conserve and restore Nebraska’s natural resources.

Voters went to the polls again in 2004. At that time, they approved another measure that guaranteed a portion of lottery revenue would continue to go into this Trust.

Former state officials filed this lawsuit, claiming lawmakers violated the voter-approved protections by taking money out of the fund to cover shortfalls in the state budget.

On the flip side of things, the state is claiming lawmakers still have the flexibility to say how these funds are being used as long as the money ultimately supports environmental projects.

Over $28 million is affected

The lawsuit involves transfers approved in both 2025 and 2026 legislation.

Some of those transfers had already been completed before the lawsuit was filed. Other planned transfers were scheduled to take place between July 2026 and June 2027.

In total, there was $15 million from 2025 and $13.52 from 2026 for a total of $28.52 million.

Now, because of this injunction placed by Judge Strong, none of the disputed money can be spent until the case is resolved.

What does this mean for players?

For Nebraska Lottery players, this case doesn't affect games, jackpots, or prize payments. However, it does raise questions about what happens after lottery dollars are collected.

Many state lotteries promote the causes they support, whether that be education, environmental projects, public infrastructure, or veterans' programs. This case could determine how much flexibility state lawmakers have to redirect those funds after voters have already approved where the money should go.

This legal battle is expected to continue in the district court. Judges will eventually decide whether the transfers honored the intent of Nebraska voters or crossed a constitutional line.

Enjoy playing the Nebraska Lottery, and please remember to play responsibly.

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