NEW BREMEN State Supreme Court Judge Michael C. Lynch ruled Thursday that New York state cannot be removed from the Adirondack International Speedways lawsuit against Lewis County.
In March 2004, the state comptroller issued an audit of the county to determine the legality of a state grant awarded to the county funneled through Lewis County Opportunities and given to speedway owner Paul H. Lyndaker.
The grant was determined to be an unconstitutional gift of public funds, according to Judge Lynchs ruling.
An Assurance of Discontinuance was executed, requiring Mr. Lyndaker to pay $40,000 to the county. Additionally, a security interest in the speedway was given to the county for $342,752, the balance of funds obtained through the grant.
When that mortgage was not dismissed after five years, Mr. Lyndaker filed a lawsuit against the county claiming he had met the AODs conditions.
The state has maintained it should not be part of that lawsuit because it is not a party to the mortgage.
Judge Lynchs decision stated, the mortgage arises out of the AOD, making the state a necessary party to this action.
The judge also denied a motion for Lewis County Opportunities to be removed from the lawsuit.