Pennsylvania Supreme Court Hearing Appeals For Bally Casino Location

Written By Corey Sharp on September 12, 2023
The PA Supreme Court began hearing appeals to decide the ownership of the Bally Casino location near State College.

The process regarding appeals from the parties involved in the Bally’s State College casino saga is underway. The Pennsylvania Supreme Court is currently hearing the appeal from Stadium Casino, the losing bid to Ira Lubert’s SC Gaming company.

While it appears that the case is moving, it still might be some time before a decision is made. Once there is a resolution, construction on the newest PA casino can start.

Pennsylvania’s highest court rules on Bally Casino appeals

The Pennsylvania Supreme Court is hearing the appeal from Stadium Casino, otherwise known as The Cordish Companies, this week. The news comes after the Pennsylvania Gaming Control Board (PGCB), who granted the license to SC Gaming, issued a stay-in delay for the Pennsylvania Supreme Court to hear the decision. That’s when Stadium Casino filed an appeal of its own, wishing the case be heard at the Commonwealth court.

Evidently, the Pennsylvania Supreme Court ruled in favor of the PGCB, as the case will be held at the state’s highest level. Back in February, the Commonwealth court raised several issues as “ripe.” In other words, Stadium Casino’s arguments have matured into a controversy that warrants further review.

The case reaching the state’s highest court went against the wishes of Stadium Casino, though.

The company has until Oct. 16 to file another appeal. The PGCB and SC Gaming would have 30 days to file their own briefs.

Recap of Bally’s State College casino court case

The battle between SC Gaming and Stadium Casino has dated back to September 2020, when the PGCB awarded Lubert the winning bid.

Stadium Casino has called that bid into question ever since, claiming that Lubert had improper partners without PA licenses. The PGCB still gave Lubert and SC Gaming the license for the new PA mini-casino in January, even after Stadium Casino intervened at a monthly meeting in December.

Attorney Mark Aronchick, representing Stadium Casino, explained the issue with SC Gaming 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.”

The PGCB and SC Gaming have denied any wrongdoing.

Bally online casino Pennsylvania remains unaffected by retail location

Even though Bally’s retail casino near Penn State’s campus is going through legal troubles, Bally’s online presence has operated smoothly in the Keystone State. Bally Casino PA reported strong online casino revenue since launching in June.

The operator recorded $1 million in gross gaming revenue and $30 million in handle by day 29. Bally’s said “all metrics point to PA being our most successful launch to date.”

Bally’s applied for a Qualified Gaming Entity (QGE) application, which means the operator did not need a land-based partner to launch an online casino.

Bally’s became the 20th online platform to launch in Pennsylvania, and generated nearly $2 million in revenue in July.

The operator would likely get more recognition in the state once the retail casino gets figured out.

Photo by Matt Rourke / AP
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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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