Stadium Casino And PGCB File Stay Appeals In Bally Casino Case

Written By Corey Sharp on March 30, 2023
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Stadium Casino filed another appeal in the Bally Casino case at State College.

The Pennsylvania Gaming Control Board (PGCB) issued a stay-in delay for the Pennsylvania Supreme Court to hear the decision. Stadium Casino’s appeal is fighting the delay and urging the case be heard at the Commonwealth Court.

Ira Lubert’s SC Gaming bid is still being called into question by Stadium Casino.

Stadium Casino files appeal against delay

PlayPennsylvania last reported that the Nittany Mall Casino case was headed to Pennsylvania Supreme Court.

The PGCB has asked the Commonwealth Court to stay its case, to allow the Pennsylvania Supreme Court to handle the decision.

Stadium Casino filed a retort stating a delay is not needed and it is entitled to discovery. They’d rather the case be heard on the Commonwealth level.

A three-judge panel ruled in favor of Stadium Casino last month after raising several issues as “ripe.” In other words, the Commonwealth believes Stadium Casino’s arguments matured into a controversy that warrants further review.

Having the case heard at a level that’s above the Commonwealth could jeopardize Stadium Casino’s fight, especially after the Commonwealth ruled in their favor last month.

Though the PGCB approved Bally’s with a retail PA casino license in January, it cannot issue the license until all legal appeals are settled.

Getting up to speed on the State College Casino legal battle

The process of the Nittany Casino has been going on for years. Lubert won his bid for the Category 4 PA mini-casino back in September 2020.

Since then, Lubert has come under fire for winning the bid with improper partners, who do not have licenses in PA.

Attorney Mark Aronchick, representing Stadium Casino, raised these issues with Lubert’s bid and application to the board in December:

“The problem is not what happened at the bid. The problem is what happened after the bid, before the application. Mr. Lubert, after the bid, but before the application entered into all kinds of arrangements, several arrangements with other entities and people that create our contention that this has to be looked at closely – ownership interests in this facility. And they are entities or people who are not licensed and don’t operate in Pennsylvania. There’s no statutory authority to consider that application.”

Bally Casino to launch online presence in PA soon

Bally is going to have an online presence in PA soon. Earlier this month, the PGCB granted the Bally PA online casino as a Qualified Gaming Entity (QGE) to launch in Pennsylvania.

Bally Casino was the first operator to petition for an online casino when the PGCB reopened QGE applications on Jan. 3. QGE status allows out-of-state operators to apply for an iGaming license without partnering with a land-based casino.

Bally Casino would be the second time an online platform would launch before its land-based casino opened within the state.

Bally’s online license and presence in PA is separate from the ongoing Nittany Casino dispute.

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Corey Sharp

Corey Sharp is the Lead Writer at PlayPennsylvania bringing you comprehensive coverage of sports betting and gambling in Pennsylvania. Corey is a 4-for-4 Philly sports fan and previously worked as a writer and editor for the Philadelphia Inquirer and NBC Sports Philadelphia.

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