The Finger Lakes Gaming and Racetrack is challenging the New York state board’s recommendation for the construction of a casino just 27 miles away. An Article 78 petition has been filed with the Albany County Clerk and the lawsuit states that Finger Lakes is looking for an annulment of the recommendation for the Lago Resort and Casino in Tyre to receive a commercial casino license.

Finger Lakes Gaming is claiming that the location board discounted how much Lago could actually cannibalize New York gaming facilities already in existence. The lawsuit also states that Lago will simply redistribute benefits amongst various communities.

The licensing board recommended the Lago in the Finger Lakes zone in December of 2014, but no licenses have yet been issued by the Gaming Commission. The spokesman of Lago, Steven Greenberg, has declined any comments pertaining to the lawsuit.

Lago has already faced some legal challenges and in February, the state appeals court rejected attempts by Casino Free Tyre to prevent work on the casino being built. There are four gambling facilities within 75 miles of the proposed location.

It is believed that if the casino is to be built, it will jeopardize the economy and will steal jobs from surrounding establishments, especially in the Finger Lakes and regions of Ontario County.

Lago has performed market assessments that reveal the casino will generate $263 million in revenue in the first year alone, which is expected to be 2017. According the a petition to stop construction, almost $133 million of that amount will be drawn from existing gambling facilities in New York. Some reports indicate that Lago would only grow the current gambling market by $16 million.

The petition also claims that the board has ignored evidence that shows the huge potential for cannibalization. The petition goes on to claim the board made an inconsistent decision. Six other proposals for a fourth new casino in Orange County were excluded partially because these would cannibalize revenues from other facilities.