Garden City seeks to nullify rezoning done for defunct casino plan at Coliseum site

Though a replacement proposal for the defunct Sands casino project around the Nassau Coliseum site in Uniondale hasn’t been announced, a lawsuit to put the brakes on any such development is moving ahead.

The Village of Garden City is suing the Town of Hempstead, Nassau County and the Las Vegas Sands affiliate that leased the site from the county in state court, alleging that the environmental reviews for the rezoning of the site weren’t done correctly and didn’t take into account the potential diversion of traffic into the village.

After postponements since the lawsuit was filed in October, the defendants are due to respond to it by March 18, according to a court filing Friday.

The lawsuit seeks to nullify the town rezoning.

The town board adopted a new zoning designation, called the Mitchel Field Integrated Resort District, in June, despite the fact that the Sands had already announced it would not build the gambling resort and it was unlikely that a third party could take over the project before a state deadline for casino license applications.

The casino project or alternative large-scale developments permissible under the rezoning “would result in significant adverse impacts to the village due to the substantial amount of traffic that would move through the village,” the lawsuit alleges. “Increased traffic on village roads and intersections that already have low levels of service and high accident rates would only further increase wear and tear on village roads, reduce vehicle maneuverability and pedestrian safety, and increase the likelihood of accidents.”

Town spokesman Brian Devine declined to comment on the litigation Monday.

The Sands’ attorney, Daniel Baker, at Greenberg Traurig LLP, declined to comment on the lawsuit.

Neither the county's outside legal counsel nor spokesperson responded to a request for comment.

Environmental studies completed for the county review process considered an alternative project without the casino. The village alleges in its lawsuit that traffic mitigation measures in the environmental studies were insufficient.

The Sands’ announcement that it was not moving ahead with the casino project meant that the town board needed to expound on the environmental impact of the rezoning without the gambling facility, the lawsuit alleges.

The casino project faced considerable opposition from area residents, with some encouraging development at the Hub site but without gambling. The zoning designation allows for hotels, research facilities, medical centers, hospitals, theaters and arenas, in addition to a casino.