Lago Resort and Casino has not even opened and yet there is another opponent trying to stop the construction. Oneida Indian Nation filed an Article 78 petition, according to a Friday, January 22, 2016, news release. The petition was filed Tuesday in Manhattan, New York. The petition names the Gaming Facility Location Board and Gaming Commission as defendants, as well as Wilmot Gaming, Wilmorite and Wilmorite officers Brent Stevens and Tom Wilmot Sr.
Casino Free Tyre Members have also joined in filing a lawsuit along with the Oneidas’. The Article 78 Petition lists 11 “causes of action.” It is asking for the license the Gaming Commission provided to Lago on December 21, 2015 should be withdrawn.
The 11 causes of action include:
The Gaming Commission did not provide rational basis for the decision to award the gaming license to Lago.
The petition also states the Lago gaming license was given unlawfully, arbitrarially, and that the Gaming Commission failed to examine the Location Board’s recommendation. The petition states there were “erroneous instruction” provided by legal counsel.
Oneida further states the license goes against the Oneida Indian Nation and the Turning Stone Casino’s constitutional right “to equal protection under the law.” Oneida states Lago resort and Casino will take away customers, employees, and revenue from the Turning Stone Casino, which is 70 miles east of the location Lago is to be built.
The petition also states Lago should not have been allowed to be considered for the license under the Gaming Act. The allegation states Lago did not provide correct information to the Location Board or Gaming Commission. This is from another lawsuit filed in July 2015 by the Casino Free Tyre Members, with regards to the State Environmental Quality Review Act. Lago planned to gain tax benefits from Seneca County Industrial Development Agency. Oneidas also alleges that Lago did not disclose that the resort did not have financing in place at the time.