Hofstra scores legal victory in Nassau County casino lawsuit
Hofstra University has won a legal victory by blocking Nassau County from transferring the lease of the Nassau Veterans Memorial Coliseum to Las Vegas Sands.
The ruling, issued late Wednesday by a New York appeals court, could pose an obstacle to the gaming company's efforts to obtain a state casino license and build a $4 billion integrated resort on the site of the arena.
We are pleased that the court continues to uphold the public’s right to transparency and participation in important decisions regarding the future use of the Nassau Hub,” Hofstra attorney Adam Shuman said in a statement released Thursday.
Last month, the New York State Supreme Court invalidated the lease transfer, agreeing with Hofstra's assertion that the deal violated the state open meetings law. But the court's appeals chamber later deferred the decision. The college filed the lawsuit in April.
Ruling could hinder environmental review
Environmental assessments are critical for any new large game project. In the case of Nassau County, the City of Hempstead recently announced that it will lead the State Environmental Quality Review Act process for the casino project.
The appeals court ruling could hamper Sands' efforts to change zoning regulations on properties where the company wants to build a casino hotel. After an initial ruling in Hofstra's favor, Hempstead halted its efforts to spearhead the State Environmental Quality Review Act case. This may indicate that the review may not proceed as a result of Wednesday's decision.
At this time, the region's next steps are unclear. Hempstead Administrator Don Clavi told Newsday the city is reviewing the recent court ruling. It's unclear what impact the decision will have on the environmental assessment process.
A protracted legal battle could prevent the county and gaming companies from making credible bids for any of three substate casino licenses that New York regulators could award next year.
How to Create a Nassau County Casino
While the appeals court decision is an eyesore for supporters of Sands and Nassau County casinos, it doesn't necessarily spell a death knell. Further litigation could be avoided by holding public hearings on the casino issue, which could pave the way for continued environmental review.
Hempstead has committed to holding two public comment sessions on January 18th. The county may use those hearings and a longer public comment period to appease the court. But this is not guaranteed.
Time is also of the essence. New York’s high court is grappling with a massive backlog of environmental cases, some of which are taking years to hear.
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Source: www.casino.org
