A New York court dismissed a lawsuit brought by plaintiffs aligned with People for the Ethical Treatment of Animals that sought to block the disbursement and receipt of New York state funds for the reconstruction of Belmont Park.
Judge Peter A. Lynch issued the order Oct. 12 following a hearing the previous day in State Supreme Court in Albany. Supreme Courts in New York are courts of original jurisdiction.
According to Lynch’s order, New York law has a well-established constitutional prohibition against state loans to private entities or for private undertakings, but the prohibition does not exist when the loan is for a predominantly a public purpose.
“Funding the renovation of Belmont Park Racetrack constitutes just such a public purpose!” Lynch wrote.
Legislation adopted in New York on May 2, 2023, provided in part “it is in the interests of the state to assist The New York Racing Association, Inc., which is the franchised corporation…of the racing, pari-mutuel wagering and breeding law, to renovate Belmont Park racetrack and repurpose the Aqueduct property.” The legislature decided the $455 million renovation of Belmont would initially be financed by the state subject to a repayment agreement.
“Clearly,” Lynch wrote, “the Legislative determination that the project is ‘in the interests of the state,’ evinces a predominantly public purpose, especially where, as here, the sites are owned by the State.”
