Lago Resort and Casino in the Finger Lakes region of Upstate New York suffered a body blow from the Appellate Division of the New York Supreme Court Friday. The panel reversed a 2014 lower court decision and vacated the casino’s site plan and “all related resolutions.” The entire decision can be read here.
Lago is one of three casinos approved by a state locations board in December. The licenses are under review with rules for issuing them expected to be adopted before October.
The Tyre casino has faced the most opposition of any of the winners of December’s recommendations to the Gaming Commission. Members of a group called Casino Free Tyre brought the appeal. In other actions the Oneida Indian Nation, owners of Turning Stone Resort and other casinos, have asked the New York Gaming Commission to deny Lago a license saying the casino would “cannibalize” their operations.
With Justice Joseph D. Valentino dissenting, the panel said the Tyre town board did not strictly comply with procedural mandates in providing a written record of the reasons why it declared that the development would not harm the environment.
Steven Greenberg, spokesman for Lago said: “This was a decision on technical grounds that we anticipate will be rectified in the near future. We’re continuing to focus on the development of the project in anticipation of a license being issued by the Gaming Commission.”
A spokesman for the appellants seemed to focus on the court’s decision to vacate casino’s site plan and all related resolutions, saying it would have a ripple effects that could spread as far the siting board’s reliance on the now vacated resolution when recommending the Lago license.
The state’s casino siting board is reportedly reviewing the appellate court’s decision.