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Appeals court asks high court to hear gaming suit again

Friday, Nov. 5, 2004 | 9:26 a.m.

MADISON, Wis. -- A state appeals court Thursday asked the Wisconsin Supreme Court to take up again a lawsuit from owners of a Kenosha dog track seeking to end casino gambling by American Indian tribes.

Dairyland Greyhound Park's lawsuit sought to stop the renewal of compacts allowing American Indian tribes to operate casinos. The track argued that a 1993 amendment to the Wisconsin Constitution outlawed casino gambling.

The state Supreme Court heard the case and split 3-3 on the lawsuit last March, sending it back to the 4th District Court of Appeals for further review.

But the appeals court said Thursday the case would undoubtedly be affected by another ruling the high court made since then.

In May, the state Supreme Court ruled in a lawsuit brought by Republican legislative leaders that Gov. Jim Doyle exceeded his authority in signing a gaming compact with one of the state's 11 tribes.

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