Judge dismisses Garden City's lawsuit over casino zoning

A state judge has dismissed the Village of Garden City's lawsuit that sought to nullify the environmental review and rezoning of the Nassau Hub in Uniondale.

Las Vegas Sands had sought to build a $7.6 billion casino-resort at the 72-acre, Nassau County-owned property. But last year, the Nevada-based company backed off from the proposal for the area around the Nassau Veterans Memorial Coliseum. Despite the reversal, the Hempstead Town Board opted to rezone the property to allow for development of a casino, hotels, research facilities, medical centers, hospitals, theaters and arenas there.

Nassau Supreme Court Justice Gregg Roth ruled that the village did not have standing to sue. Even if it did, Roth wrote, the alleged harm was speculative. The village sued several defendants including Nassau County, the Town of Hempstead and LVS Holdco 2 LLC, a company formed by Las Vegas Sands to build the casino.

Nassau County leased the site to LVS NY Holdco 2. The company continues to hold a lease on the site, and the Town of Hempstead rezoned the property. It's unclear if another project will be developed at the property in the future.

The village alleged that the environmental review conducted by Nassau County was defective, and that Hempstead Town's subsequent rezoning could harm Garden City. The lawsuit cited the potential for traffic that could divert through the village, as well as strain on emergency services and infrastructure.

The defendants countered that the lawsuit was premature and argued for dismissal.

Roth agreed with the defendants, repeatedly calling the village’s allegations “too speculative.”

“Conclusory allegations of injury to community character are insufficient; the injury must be actual and concrete,” Roth wrote in his decision. 

“The village is considering all of its options,” Garden City Mayor Edward Finneran said in a text message. “The Village remains united in its very firm opposition to any kind of casino development at the Nassau Coliseum grounds and its environs.”

The lawsuit alleged that traffic for a casino or alternative development would increase traffic through Garden City, which is less than 1 mile from the Nassau Hub. The village cited its own traffic studies. 

"These dangerous traffic conditions damage Village roadways and strain Village emergency services, and they are in sharp conflict with the Village’s character as a close-knit community where residents can safely and easily walk, bike, and drive to work, school, and parks, and to visit their neighbors," the village alleged in a court filing. 

The village also sued in 2024 to stop a 42-year lease between Las Vegas Sands and the county from taking effect. A state judge dismissed the village's lawsuit last year, and the village has appealed that ruling. 

Hempstead Town Supervisor John Ferretti said in a statement: “The Town has an excellent relationship with the Village of Garden City and looks forward to continuing to work collaboratively in the best interests of our residents.”

The New York State Gaming Commission approved three downstate casino licenses in December in Queens and the Bronx: Hard Rock Metropolitan Park next to Citi Field, Resorts World at Aqueduct Racetrack and Bally's at Ferry Point in the Bronx.

Attorneys for LVS NY Holdco 2 did not immediately respond to a request for comment.

Nassau County did not immediately respond for a request for comment.