State Supreme Court Justice Joseph Teresi ruled that the governor does not have the authority to enter into gaming compacts with Indian tribes. The judge stated in his ruling in the case Saratoga County Chamber of Commerce v. Pataki that the State Legislature must grant final approval to any Indian casino applications. Given the history of the State Legislature's failed attempts to approve casino gaming, opponents of casino gaming have termed the court ruling a major victory.

Commenting on the court ruling's impact on Indian casino gaming in the Catskills, Supervisor Cellini says, "I see this as a bump in the road. We will have casino gaming; it is just a question of when."

Cellini adds that while the court decision creates a potential problem, as long as casino interests move forward on their respective plans, the issue will not cause a significant delay to any Indian casino gaming application. In addition, it is expected that New York State will appeal the case to the Appellate Division.

Thompson's supervisor notes that the issue will only be of importance once an applicant has achieved all the other necessary approvals to develop a casino, which he estimates will take about a year and a half. Currently, while there are a host of proposed sites for Indian casinos in the Catskills, the only project to have officially submitted an application to the Bureau of Indian Affairs is Park Place Entertainment. The Las Vegas, Nevada-based gaming concern has proposed to build a $500 million resort casino for the St. Regis Mohawk tribe at Kutsher's Country Club.

In response to Judge Teresi's April ruling that now adds the State Legislature to the list of regulatory agencies that must sign off on the venture, Park Place's Tom Gallagher stated, "We are not a party to the lawsuit and therefore have no comment on the judge's decision or any process for appellate review. We remained committed to work with the St. Regis Mohawk Tribe and the State of New York in both Akwesasne and the Catskills in whatever manner is permitted by New York law."

Park Place offers consulting services to the St. Regis Mohawk tribe's existing Akwesasne Mohawk casino in Hogansburg in Franklin County near the Canadian border.

Cellini believes that with the necessary lobbying from Governor Pataki, the odds to have a casino in Sullivan County approved by a vote in the State Legislature is not as long as some may think. "I think both parties understand that there is a need in this area," he relates.

Hank Bunce, president of the Ulster, Sullivan, Delaware & Greene County Building Trades Council, says of the court decision, "At this point it is a stumbling block in front of it, it hurts." Bunce blames casino opponents, including New York City developer and Atlantic City casino owner Donald Trump for orchestrating and funding some of the opposition to Indian casino gaming in the Catskills. He stresses that although the court ruling is a setback, "This is just one thing that we will have to overcome when the time comes (for approval)."

Sullivan County Manager Daniel Briggs also tries to put a positive spin on the court decision. "I think it simply delays whatever is going to occur. I don't think it is fatal, but it is an obstacle to having casino gaming in Sullivan County," he says.

Briggs notes that in addition to the Park Place proposal, several other parties are also exploring possible casino developments in Sullivan County. Briggs confirmed published reports that the development team that built the Mohegan Sun casino in Connecticut is looking to build a similar project off Exit 107 in Bridgeville.

A formal announcement of the venture, in partnership with the Stockbridge-Munsee tribe of Mohicans, was expected in early April, but to date has yet to be formally presented publicly. A spokesperson for the development team, that includes Sun International and a Connecticut-based hotel management company, had no comment on when the plan for the 300 acre site would be released.

Briggs says that in light of a host of new development projects in the pipeline, the recent court decision while troubling, is not catastrophic for Sullivan County. "I think that if this happened two years ago it would have been seen as the last nail in the coffin," he relates. However, the Sullivan County economy is more diversified than it was two years ago and not entirely dependent on casinos as its sole avenue of growth, he adds.

Instant Insights /

Locals and Park Place Push For Casino Gaming

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