The 2009 Nebraska State Fair is underway and hopes to stop it's move to Grand Island next year are revived.

A judge tossed out a lawsuit earlier this summer to keep the fair in Lincoln but the Lincoln businessman behind the suit says the case is headed to the state's supreme court.

Roger Yant, a Lincoln businessman is one of three who petitioned to stop the fair's move and filed a lawsuit claiming the way the legislature approved the move was unconstitutional. A district judge dismissed the case and Yant and others appealed the next day.

Now he's as surprised as any to hear the state's supreme court is stepping in.

"We didn't ask the supreme court for this. We got a call yesterday afternoon from our attorneys that the supreme court has taken it out of the appellate court's hands and is going to make a decision on it," said Yant Friday.

His mission he says, is to preserve tradition and a part of Nebraska history.

"Traditions are what make a nation, a city and a state. You take tradition away and what do you have? You don't have anything for people to fall back on," said Yant.

Sue King and her husband started the fair's first funnel cake stand. They've been there for more than 32 years and she supports the on-going efforts by Yant.

"If we could get it someway to stay or keep it here a little bit longer that would be great but we plan on going to Grand Island and you know its a whole new venture and nothing stays the same but change," said King.

Others say it's too late and time to move forward, including, the fair's executive director, Joseph McDermott.

"Roger can proceed as far as he wants to but I think at this point, it's too late," said McDermott.

Jo Anne Miller of Lincoln agrees.

"I don't think we can do anything about it anymore. I think it's too far gone."

Others, like Grand Island resident, Lisa Crumrine are ready for the change of pace and agree, it's time to let go.

"It's disappointing. We know nobody likes change but it's going to be for the best though. We really believe it's going to be even better," said Crumrine.

Letting go will be hard but Yant said if the supreme court makes a decision, that's what he'll do.

"We'll abide by what the supreme court decides. If the supreme court decides that we lose..then it will end there."