Big win for Lago as Justice Falvey issues decision

Justice W. Patrick Falvey issued a decision on Monday dismissing the suit brought against Lago Resort & Casino by Casino Free Tyre. Justice Falvey denied all twelve causes of action listed in the initial suit, which alleged that the Tyre Town Board, as well as other Tyre officials did not follow fair practice and procedure in the town’s process.Everything from environmental impacts, to traffic concerns have been called out throughout this lengthy litigation process, which has resulted in a number of days spent in court. However, at a beam signing ceremony in January, Thomas Wilmot Sr. pointed out that litigation is a part of the process, and should be expected even after the casino is operational.Lago officials were quick to applaud the action, deeming it a wonderful step for the people of Tyre and Seneca County. Thomas Wilmot Sr. said of the decision, “We are extraordinarily pleased that Justice Falvey has found that the Town of Tyre acted appropriately and legally in its actions finding that Lago will not have any significant adverse impacts on the Town and its citizens.” Brent Stevens pointed out that, “The Tyre Town Board was extremely thorough, thoughtful and deliberative in its work, and the Court found that the Town fully complied with State Environmental Quality Review Act procedures.” He went on to point out that, “The Board conducted countless hours of public hearings and meetings as it sifted through thousands of pages of documents.”In Justice Falvey’s decision, it pointed out that, “Petitioners have failed to show any action on the part of Supervisor McGreevy or of any of the other Town Board members that ‘would provide a basis for setting aside the action of the town board.'”Justice Falvey went on to write: “Upon review of the petitioners’ remaining causes of action, the Court concludes that the Town did not act arbitrarily and capriciously, nor did it abuse its discretion in its SEQRA review regarding the project’s environmental impact due to: potential to attract a large number of people to the town for more than a few days; light and odor, traffic and transportation; consistency with community plans; impacts on community character; or combined impact.”Lawyers representing opponents of the Lago Resort & Casino alleged that the Tyre Town Board had “pre-ordained” the outcome of the SEQRA process, which led to the start of the suit, which was settled today by Justice Falvey.While this will likely not be the final piece of litigation that finds it’s way to court, this remains a major victory for supporters of the Lago Resort & Casino in Tyre and throughout Seneca County.

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