It appears the project still faces two legal hurdles:
http://harnessracingminnesota.com/news.htm
As an asside, I searched the MN appeals court schedule to see if either matter was scheduled for a hearing, they are not. But this case is:
A05-60 Richard J. Jacobson (Appellant)
-vs.-
$55,900 in U.S. Currency (Respondent)
Perhaps someone with a law background can enlighten me as to how a pile of cash can be a defendant in a court case?