Saratoga County Chamber of Commerce, Inc. v. Pataki

In Saratoga County Chamber of Commerce, Inc. v. Pataki, 100 N.Y.2d 801, 798 N.E.2d 1047, 766 N.Y.S.2d 654, cert denied 540 U.S. 1017 (2003), the Court of Appeals allowed citizen-taxpayers to challenge actions of the Governor regarding permitting casino gambling on Indian reservations. The Court based its decision on the fact that the plaintiffs were not only challenging the wisdom of the way in which an expenditure was being made, which would be "patently insufficient" to allow standing (id. at 813), but claimed that it was illegal for the government to spend money on the activity at all. Additionally, if the citizen-taxpayers were not granted standing to challenge the Governor's action, "an important constitutional issue would be effectively insulated from judicial review." Id. at 814.