Yesterday, February 25, Appellate Division, Fourth Department, seated in Rochester, ruled against Casino Free Tyre’s attempt to prevent the construction of the so-called Lago Resort & Casino in the Finger Lakes area.
As previously reported, Casino Free Tyre is a group of citizens of Tyre who turned to the Appellate Division of the State of New York for an injunction to stop the construction of the $425-million property. They claimed that Wilmorite Inc., a Rochester-based real estate developer which is in charge of the project, did not carry out a proper research of the local environment.
Under the state law, and more particularly under the State Environmental Quality Review Act, the developer was required to conduct a thorough environmental review. Casino Free Tyre suggested that the process was hastily performed, as it was supposed to take years and not mere months.
Yesterday, the court rejected the Casino Free Tyre’s request for an injunction. Otherwise, Wilmorite would have been prevented from breaking ground on the property, which, as already mentioned, is to be located in the town of Tyre, Seneca County. Back in December 2014, the casino was one of the three that were backed by the New York Gaming Facility Location Board.
Thomas Wilmot, chairman of Wilmorite, released a statement on the latest events. He pointed that yesterday’s decision is “yet another […] victory”
Mr. Wilmot commented on the fact that Casino Free Tyre’s complaints have been reviewed by court not just once but twice and were found groundless both times. In other words, according to him, this is a proof enough that the town of Tyre and Lago representatives have acted in conformity with local regulations.
Yet, it was further ordered by court that Casino Free Tyre has until March 20, 2015 to perfect the appeal and to file it for further consideration. It is to be added to the court’s calendar. However, the appeal will not be reviewed any time before May 18, 2015, when the court’s next term is set to commence.
It seems that some preliminary site work has begun – the place was cleared of trees, and the retention ponds for the huge parking lot the property is planned to feature were dug. Owners also promised that Lago Resort & Casino will feature various tourist attractions, a large hotel and casino floor, etc. Its construction, however, cannot commence before the necessary license is granted from the state regulator.
