2005 - Harness Tracks of America, Inc.

HARNESS TRACKS OF AMERICAINDIAN CLAIM REVERSAL IN NYIn a potentially far-reaching decision, a federalcourt in New York has ruled that the Cayuga Indiansare not entitled to a $248 million land claimand judgment awarded them by a lower court. Ina 2-1 decision, the 2nd Circuit Court of Appealscited the U.S. Supreme Court’s recent ruling inthe tax case involving the Oneida Indians, ownersof the successful Turning Stone Casino, and thetown of Sherrill, New York, that said too manyyears had passed for the Oneidas to claim theirreacquired former reservations lands were againsovereign and tax exempt. The court in the Oneidacase said some of the considerations that doomedthe case included the passage of so much time;that most of the tribe moved elsewhere; the tribe’slong delay in seeking relief; and the longstandingdistinctly non-Indian character of the area and itsinhabitants. As a result, the appeals court reversedand dismissed the Cayuga’s entire 25-year-old landclaim. “This wasn’t remanded. This was reversedand dismissed,” said Christine Pritchard, a spokespersonfor New York Attorney General EliotSpitzer. “This is significant and precedent-setting.This is the same court that will oversee the rest ofNew York’s land claims.” The Cayugacase is the only Indian land claim in NewYork to make it through the courts. TheExecutive NewsletterA daily fax and e-mail report on racing and gaming developments in North America and beyondStanley Paul J. Estok, F. Bergstein, Editor Editor June 29, 2005BROWARD TO WAIT ON RULES Oneidas, Onondagas, Mohawks and Senecas alsoFor the time being, Broward County commissionershave decided they will not write their own guide-had been pushing to get the legislature to pass ahave land claims pending. Gov. George Patakilines to oversee expanded gaming at the county’s bill for another tribe with a land claim, the St. Regisfour pari-mutuel facilities. On Tuesday, county Mohawk Tribe, that would have involved a settlementof $100 million plus the right to build a ca-commissioners declined to pass emergency rulesfor slot machines, saying that for now, a pending sino in the Catskills. The Assembly passed thecourt appeal (see Executive Newsletter of June bill, but the Senate, seeking a bill for three land28 for details) makes it unnecessary for them to claim settlements to yield three Catskill casinos,act. Pari-mutuel operators in Broward welcomed would not settle for one casino deal. In light of thethe decision and made it clear that they are comfortablewaiting until there is clear legal authority will still try to use gaming compacts as currencyappeals court ruling, it remains to be seen if Patakifor slots and a regulatory structure in place. to settle land claims. Attorneys for the Cayugasare considering their appeals options.YONKERS BREAKS FOR CASINOYonkers Raceway now has officially closed itsdoors for renovations for four to five months whilework on the track’s $185 million constructionproject begins. Over the next 10 to 12 months,the raceway will add a food court with 300 seats, acoffee shop as well as a bar and entertainmentlounge. Yonkers will also be adding a 120,000square foot building that will house as many of theapproved 5,500 slot machines. It will take about ayear before Yonkers will be transformed into aracino.PAUL SPEARS HONOREDThe Pennsylvania House of Representatives hashonored Paul Spears, chairman of Hanover ShoeFarms and executive vice president of the StandardbredHorse Sales Company, for lifetimeachievements in representing the equine industryin the Keystone State. Spears has been instrumentalin most equine-related initiatives in Pennsylvania,most recently as a representative of Standardbredinterests in the drafting and passage ofthe Pennsylvania slot machine legislation. Spearswas introduced to the membership of the houseduring today’s legislative session and presentedwith a special House citation for serviceto Pennsylvania agriculture.