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Court Rules Mohawk Compact Invalid

“The Court of Appeals decided 4-3 that the Legislature must ratify the compact. Former Gov. Mario Cuomo and the Mohawk tribe reached the agreement between themselves, and it was never placed before legislators for their approval.

“The state had argued the Legislature tacitly approved the compact by appropriating money to the state Racing and Wagering Board and other state agencies to regulate the Mohawk casino. The three dissenting judges Thursday agreed.

“…The Legislature is not expected to conclude its regular 2003 session until late next week. Gary Spencer, a Court of Appeals' spokesman, said the judges expedited Thursday's ruling to give lawmakers the option of ratifying the 1993 compact, if they want.

“The majority of judges noted that in every state where the question has been raised, high courts have concluded that governors cannot enter into the agreements without legislative approval.

“…The court also ruled Thursday that the question of whether a 1999 amendment to the Mohawk casino pact is valid was moot because the amendment expired after one year.

“Those bringing suit against the Mohawk casino compact included the Saratoga County Chamber of Commerce and individual state legislators…”

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