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Dog track seeks to overturn gaming compacts

Thursday, Sept. 8, 2005 | 9:40 a.m.

MADISON, Wis. -- Wisconsin's governor did not have the power in 1998 and 2003 to renew gaming compacts allowing American Indian tribes to operate casinos in Wisconsin, a lawyer for a Kenosha County dog track argued Wednesday before the state Supreme Court.

Attorney Stephen Morgan, representing Dairyland Greyhound Park, said a 1993 amendment to the Wisconsin Constitution voters approved outlawed casino-style gambling in the state and required the governor to terminate gaming compacts with the tribes.

But attorney Thomas Bellavia, representing the state, urged the court to reject those arguments. He told the justices the first compacts were validated by federal law and in place before the amendment was approved 12 years ago. Because of that, those deals superseded the amendment overwhelmingly approved by voters.

It is the second time the Supreme Court has heard Dairyland's lawsuit. Justices deadlocked on the case 3-3 last year and asked an appeals court to take the case. But the appeals court judges said state law was not clear on the issue and sent it back to the high court.

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