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Another hurdle cleared by del Lago; lawsuit against SCIDA dismissed

On Monday the courts ruled in favor of del Lago Resort & Casino once again.

The Article 78 Proceeding was introduced to challenge the Seneca County Industrial Development Agency’s resolution passed in December authorizing a Payment in Lieu of Tax Agreement, or PILOT.

While this lawsuit sought to nullify all parts of the December 2015 resolution — Justice W. Patrick Falvey ruled against the lawsuit stating that the IDA’s determination to enter into agreement was not a violation of lawful procedure.

In a press release on Monday, Thomas C. Wilmot, Sr. and Brent Stevens, del Lago Resort & Casino’s co-chairman state that they were pleased with the court’s decision to dismiss the lawsuit brought against the Seneca County IDA.

They pointed out that the two-decade agreement between the IDA and del Lago Resort & Casino ensures both tax certainty for the governments of Seneca County and the Town of Tyre, and that del Lago will be the largest taxpayer in Seneca County and Tyre.

“As we continue to employ hundreds of local craftspeople in building what will become the best resort and casino in Upstate New York, we appreciate this court victory, which is really a victory for the people of Tyre and Seneca County,” Wilmot said. “By next year, del Lago will be the largest taxpayer in Seneca County and Tyre.”

“We’ve long said that the agreement between the Seneca County IDA and del Lago is a win-win for everyone,” Stevens said. “It means tax certainty for the people of Seneca County and Tyre. And it means we are one day closer to the February 2017 grand opening of the del Lago Resort & Casino.”

Part of Justice Falvey’s decision read, “The court concludes that the IDA’s determination to grant benefits to Lago was not made in violation of lawful procedure, affected by error of law, or arbitrary and capricious, or an abuse of discretion. The First Cause of Action is therefore denied.”

Entire Decision from Justice Falvey

About del Lago Resort & Casino

The $440 million 205-room hotel, spa and casino will include a banquet facility, several restaurants, lounges, 2,500 person entertainment center and other world-class amenities. Del Lago Resort & Casino will feature Savor New York, a unique retail outlet where local vendors will bring the Finger Lakes region directly to del Lago patrons with a wide variety of local fruits, cheeses, baked goods, wines and beers, and other area specialties. The casino will feature 2,000 slot machines and 85 gaming tables, including 10 poker tables. Del Lago will create 1,800 construction jobs and 1,800 permanent jobs, and will generate more than $90 million annually for New York state and local governments. The resort and casino was awarded a New York State casino license in December 2015 and will open to the public in February 2017. For more information, visit www.delLagoResort.com.

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