The Supreme Court has rejected the appeal by the Argentine-Spanish Boldt Peralada group which sought to exclude Marina del Sol from the tender process.

The argument by Boldt Peralada was that its competitor, the Marina del Sol, an operator based in Chile and Canada, had not complied with the requirement to have financial support secured, by way of bank guarantee, during the beginning of the tender process.

The appeal entered by Boldt-Peralada on February 3 was rejected by the Supreme Court. The company had requested that the Santiago High Court that previously upheld the decision by the Chilean Gaming Control Board (SJC) that Marina del Sol not be excluded from the tender process, be overruled. Once the Supreme Court had announced its decision, Mario Rojas, attorney for Marina del Sol said that the issue had been settled once and for all “because it is clear that we have acted according to law,” according to G3 Newswire.

The appeal is the latest move in a series of legal maneuvering by both companies as they argue over which one should receive the casino license. For two years now the tender process for the casino in Chilean has been delayed as both the Chilean-Canadian company Marina del Sol and Argentine –Spanish Boldt Peralada battle over the license in the Regional Council and both of the courts.

In November, the Boldt-Peralada group’s proposal for the casino to be located in the Chilean region of Nuble was rejected by the Regional Council of Bio Bio for the third time. It is one of four provinces in South America that has been proposed as the site for a casino by Boldt-Peralada. One of Chile’s highest courts later upheld the vote, declaring that Boldt Peralada’s projected site for the casino was within too close proximity of an educational establishment and that it violated aspects of Regional Development Strategy.

Boldt-Peralada has now, however, appealed to the Supreme Court. The group claims that the Regional Council’s decision had been arbitrary and illegal because the council did not have a right to award points based on technicalities. In addition, it was argued by Ricardo Abdala the attorney representing Bold-Peralada that the Regional Council had contradicted itself due to the fact that the Marina del Sol Casino in Talcahuano is in the same region and is near a number of educational facilities.