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November 16, 2009

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Suit over Indian casinos dismissed

Monday, April 29, 2002 | 10 a.m.

MADISON, Wis. -- A judge dismissed a lawsuit Friday seeking to bar the governor from renegotiating compacts that allow Indian tribes to run casinos because Dairyland Greyhound Park failed to name the tribes in its lawsuit.

Dane County Circuit Judge John C. Albert noted in his decision that Dairyland faced a Catch-22 because the tribes are considered sovereign nations, which gives them the ability to claim immunity to such lawsuits.

But the tribes were an essential component of the case because of the economic interest they have in continuing to receive revenue from their casinos, Albert wrote.

He said the potential loss of revenue and the social impact on the tribes would be "catastrophic" if the compacts ended.

Ron Ragatz, an attorney who represented Dairyland, said under Albert's reasoning, the racetrack has no way to argue in court its belief that running a casino should be legal for everyone or no one.

He said Dairyland would appeal the decision.

"We never get our day in court on that," Ragatz said.

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