Lawsuit filed against Nassau OTB

Suit asks Nassau County Supreme Court to temporarily stop negotiations to establish gaming facility

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An Article 78 lawsuit filed in Nassau County Supreme Court on Friday by local governments, residents and civic groups requested the court to temporarily block Nassau Off Track Betting from conducting contract negotiations to lease a space inside the Source Mall in Westbury, where the agency plans to establish a video lottery terminal.

The suit also alleges that Nassau OTB's proposal has violated local zoning ordinances, state environmental laws, and open meetings laws.

The petition was filed by Elizabeth Botwin, the attorney for the Town of North Hempstead, and who represents the plaintiffs: the Towns of Hempstead and North Hempstead, the Village of Westbury, a few residents of Westbury and Carle Place, and the Meadowbrook Pointe Merchants Concourse Civic Association.

The lawsuit comes one day after Westbury Mayor Peter Cavallaro, Town of Hempstead Supervisor Kate Murray and Town of North Hempstead Supervisor Judi Bosworth announced their intention to take legal action against the Nassau OTB proposal at a press conference in Westbury Village Hall. The trio were joined by other local government officials and residents.

Nassau OTB has said it is exempt from local zoning and is under the lone purview of the New York State Gaming Commission, which oversees regional OTBs.

But whether that is true is disputed in the suit.

The suit alleges that the Nassau OTB is in violation of Section 302 of the Town of Hempstead's Building Zone Ordinance, which states that no OTB facility shall be located within 500 feet of any residence.

It also said the proposal violates the State Environmental Quality Review Act, which states that an environmental study must be performed as part of governmental decision making.

Nassau OTB has said that the Gaming Commission would perform an environmental study after a contract is completed. The suit alleges it violates SEQRA because the study must be done before a site is selected and committed to.

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