PETA Backed, Last Ditch Effort To Stop Belmont Rebuild Shot Down By Appellate Court

[Wandering Eyes]

A New York Appellate Court has dismissed a complaint from two New York State taxpayers, Jannette Patterson and John Di Leonardo, who sought on behalf of PETA to prevent the state from loaning NYRA the $455 million it plans to use to rebuild Belmont Park. The court, the New York State Supreme Court, Appellate Division, Third Judicial Department, was ruling on an appeal from the plaintiffs whose complaint was dismissed by an Albany County court in October of 2023.

With the filing of the original lawsuit PETA said, in a statement, that it was “hoping to prevent a shady deal to fund a private entertainment business with money from New York taxpayers.”

The plaintiffs sought declaratory and injunctive relief, claiming that the appropriation violated the New York Constitution's prohibition on giving of lending public funds in aid of a private undertaking.

According to a ruling issued Thursday, “the court ultimately denied plaintiffs' application for a preliminary injunction, granted judgment in defendants' favor and declared the appropriation to be constitutional. Given that this action has been rendered moot, the appeal must be dismissed.”

The court addressed a situation in which the work to tear down the original Belmont Park and build a new facility was already well underway.

“As general principle, courts are precluded from considering questions, which, although once live, have become moot by passage of time or change in circumstances,” the ruling read…” In cases involving construction projects, various factors are considered, including how far the construction work has progressed towards completion, whether the work was undertaken in bad faith or without authority and whether the substantially completed work cannot be readily undone without substantial hardship.”

“…extensive work has been performed that could not be undone without substantial hardship, as the former quarter-mile, long grandstand has been demolished. Belying any claim that the construction has been undertaken without authority or in bad faith, NYRA has obtained all the necessary regulatory approvals.”

The court also noted that it would have been impractical for NYRA to seek a loan from anyone else other than the state.

“While plaintiffs contend that NYRA and the state defendants could pursue other public or private funding mechanisms, such claims are speculative and unsupported by the record,” the ruling read.

The new Belmont is expected to be ready in time to host the 2026 GI Belmont Stakes.

“The transformation of Belmont Park will secure the future of thoroughbred racing in New York State, create thousands of good jobs and drive tourism to Long Island and the region for decades to come,” NYRA spokesperson Patrick McKenna said. “NYRA is pleased with the court's decision, and we look forward to opening a world-class racing and entertainment destination in 2026.”

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