The North Carolina lottery is safe for now.

The N.C. Court of Appeals today upheld a lower court's dismissal of a suit that challenged the way North Carolina's lottery was established.

The state disagreed, arguing that it makes a profit on the sale of lottery game tickets.

Plaintiffs included state Rep. Paul Stam, an Apex Republican, the N.C. Family Policy Council and the Wake County Taxpayers Association.

In his opinion for the three-judge panel, Judge James Wynn Jr. said the Lottery Act was not a bill “enacted to raise money on the credit of the State." Wynn also wrote that the lottery was not created to to pay any debt.

Judge Ann Marie Calabria disagreed, saying the state is essentially indebted to prize winners.

The opinion defines a revenue bill as any legislation that raises money on the credit of the state and pledges the faith of the state for the payment of a debt.

James Wynn Jr. is making history this month.

The N.C. Appeals Court judge began his tenure as chairman of the Judicial Division of the American Bar Association — making him the first ever African-American elected to the position, Titan Barksdale reports.

Association officials say the division, which has more than 4,000 members, is designed to help make the judicial system more understandable, accessible and affordable. As chairman, Wynn will have to help develop programs and initiatives for the division and manage a staff and a budget.

Wynn has nearly 20 years experience as an appellate judge in North Carolina,  joining the N.C. Supreme Court in 1998 to fill a vacancy. He returned to the N.C. Court of Appeals the next year, and remains on the bench as a senior associate judge.

Wynn’s tenure as chairman ends in August.