Judge Dismisses Lawsuit Against Lago Resort & Casino

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A New York Supreme Court Judge ruled in favor of Lago Resort & Casino in a lawsuit brought by Finger Lakes Gaming & Racetrack back in March.

The Farmington-based racetrack questioned the New York Gaming Facility Location Board’s decision to back the proposal for a $425-million hotel and casino resort in Tyre, Seneca County. Finger Lakes Gaming & Racetrack cited competition concerns, saying that the potential new gambling venue would have quite a negative effect on the existing properties and their revenues.

However, Acting Justice James Ferreira decided that the Farmington-based racetrack does not have any standing in that particular case. The judge said in a note that all surrounding gambling properties, that is three racetracks and one tribal casino, are all located no more than 75 miles away from the proposed location for Lago Resort & Casino.

In addition, Judge Ferreira noted that the potentially negative effects that the new property might have on existing businesses is not relevant to the state Gaming Facility Location Board’s discussions over the “local impact and siting factors.” In other words, the regulator’s decision to back the Tyre casino proposal is not relevant to the lawsuit filed by Finger Lakes Gaming & Racetrack.

The latter gambling facility first opened doors in 2004 and featured video lottery terminals. Lago Resort & Casino’s proposed location is only 27 miles away from the racetrack.

Rochester businessman Thomas Wilmot, owner of the proposed Tyre casino, welcomed the latest court decision. He also said in a Monday statement that their main purpose is to launch a “world-class destination resort” that will attract more visitors to the Finger Lakes area.

The proposed $425-million casino resort is expected to create 1,200 construction jobs for unionized workers. Once completed, the property would employ 2,000 people and a number of indirect jobs would also be created.

Finger Lakes Gaming & Racetrack did not immediately comment on the court ruling. The property is owned by Buffalo-based gaming and hospitality operator Delaware North.

This was not the first legal battle Lago Resorts & Casino was locked in. Last month, a state appeals court ruled that an environmental review carried out by the Tyre Town Board was not comprehensive enough and failed to properly assess the new casino and the impact it might have on the local environment.

Mr. Wilmot said that construction on the property has been temporarily suspended and would commence again once the issue is resolved.

Lago Resort & Casino is yet to be granted a license by the New York Gaming Commission.

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