Judge Avern Cohn of the United States District Court for the Eastern District of Michigan has dismissed the lawsuit filed by Northville Downs, Mt Pleasant Meadows and the Great Lakes Quarterhorse Association against Michigan Governor Jennifer Granholm and Attorney General Mike Cox.
The lawsuit challenged the constitutionality of the Proposal 1 of 2004, a ballot initiative which amended the Michigan Constitution to require both a state-wide and local vote before any additional gaming expansion can occur.
The provisions of this constitutional amendment do not apply to “gaming in up to three casinos in the city of Detroit or to Indian tribal gaming.”
Judge Cohn’s ruling follows the oral arguments heard last week on the motions to dismiss the lawsuit, filed by the State of Michigan and the intervening defendant, MGM Grand Detroit, LLC.
In dismissing the case, Judge Cohn held that “the challenged amendment does not prohibit expansion of gaming in the state by anyone; it merely sets the parameters for how that expansion may occur.
The amendment does not single out the Michigan horse racing industry in its desires to add slot machines to racetracks.
“To the contrary, the amendment would apply to any business that wanted to install slot machines as well as to any interest that would like to establish a new form of gambling in the state, say, dog racing.”
