2/1/16

TYRE, N.Y. February 1, 2016 — Lago Resort & Casino Co-Chairmen Thomas C. Wilmot, Sr. and Brent Stevens called Justice W. Patrick Falvey’s decision issued today a wonderful step forward for the people of Tyre and Seneca County.

“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,” Wilmot said. “The Court dismissed the entire lawsuit on its merits.”

“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 (SEQRA) procedures. The Board conducted countless hours of public hearings and meetings as it sifted through thousands of pages of documents,” Stevens said.

In his decision, Justice Falvey said: “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.”

“Two weeks ago, we had a great day as we had hundreds of Tyre and Seneca County supporters sign the first beam that will built into Lago. Today is another great day as the Court determined that our handful of opponents have another losing argument,” Stevens said.

“We are excited that the pace of construction is increasing, as every day brings us closer to the opening of Upstate New York’s newest and best resort and casino,” Wilmot said. “Our commitment to the people of Tyre, Seneca County and the Finger Lakes region remains as strong as ever. We are eager to create thousands of construction and permanent jobs, increase tourism to this magnificent region and help spur an economic resurgence for the people of this region.”

2/1/2016

Kurt Orzek
Law360

Los Angeles (February 1, 2016, 11:13 PM ET) — A New York state judge on Friday denied efforts by residents living near the Finger Lakes to halt developers’ construction of the Lago Resort & Casino, ruling the town of Tyre didn’t ignore environmental laws by allowing the project to move forward.

Judge W. Patrick Falvey denied requests by Casino Free Tyre to annul and vacate the town board’s decision, despite the community group’s allegations that the board overlooked negative environmental impacts from the project in Seneca County.

Casino Free Tyre claims the board members were biased toward the casino project and didn’t require Wilmot Gaming LLC and PGP Investors LLC to draft an environmental impact statement. The board members say they didn’t commit any ethics violations in completing the review as required by New York’s State Environmental Quality Review Act.

Casino Free Tyre said town officials didn’t properly consider how the project would affect the surrounding community, but Judge Falvey disagreed on Friday.

“To the extent that mitigation measures in the [community mitigation plan] also involve SEQRA issues, such issues were properly addressed by the town and given the required ‘hard look’ during the SEQRA process,” the memorandum-decision, order and judgment said.

Lago Resort & Casino Co-Chairmen Thomas C. Wilmot Sr. and Brent Stevens said in a Monday statement that they were pleased with the decision.

“Two weeks ago, we had a great day as we had hundreds of Tyre and Seneca County supporters sign the first beam that will built into Lago,” Stevens said. “Today is another great day as the court determined that our handful of opponents have another losing argument.”

The casino and resort will feature “a gorgeous premium hotel, state-of-the-art spa, outstanding, locally inspired culinary options and a tasteful, bustling casino,” according to its website. It will supposedly attract more than 3 million visitors annually and employ more than 1,000 local residents.

Casino Free Tyre’s website claims Wilmot initially approached the town about the development in November 2013. The group says Wilmot’s influence over the town and project was demonstrated by the board’s “flagrant” violation of its duties under SEQRA.

The project will create “a massive, Las Vegas-style casino that will forever change the character of our small rural town,” according to the website.

In June 2014, town officials issued their first declaration claiming the project wouldn’t have any major impacts on the environment, according to Casino Free Tyre.

A New York state court upheld the town’s SEQRA determination, after which Casino Free Tyre successfully appealed, court papers said. A state appeals court determined that town officials failed to sufficiently explain their decision and thus reversed the instant court’s judgment.

After the reversal — which town officials are still fighting in appeals court — the town decided to take a second SEQRA review, which was at issue in Friday’s decision.

In the instant suit, Casino Free Tyre pointed to an email from Supervisor Ronald F. McGreevey to Wilmot’s attorney expressing support for the casino, as well as developers’ alleged attempts to convince McGreevey to block some public comments.

Judge Falvey on Friday said the town board’s measure would have passed without McGreevey’s vote and that the speed by which the town completed the SEQRA process was insufficient proof of bias.

The project is due to be completed this year, according to the website for the casino and resort.

The project is one of three casino applications that the Gaming Facility Location Board recommended to the New York State Gaming Commission. The Oneida Indian Nation urged the commission to block the project, saying not only was the developer’s application inadequate, but that the casino would cause serious harm to the Oneida Nation.

An attorney for the town of Tyre declined to comment Monday. Attorneys for Casino Free Tyre didn’t immediately respond to requests for comment late Monday.

Casino Free Tyre is represented by Arthur W. Wentlandt of MacKenzie Hughes LLP and Daniel F. Katz of William & Connolly LLP.

The town of Tyre is represented by Thomas Smith and Virginia Robbins of Bond Schoeneck & King, and Mark A. Chertok and Elizabeth Knauer of Sive Paget & Riesel PC.

Lago’s developers are represented by John Mancuso of Harris Beach PLLC and Mark Holscher of Kirkland & Ellis LLP.

The case is Casino Free Tyre by its President James Dawley III et al. v. Town Board of Town of Tyre et al., index number 49749, in the State of New York Supreme Court for the County of Seneca.

–Additional reporting by Benjamin Horney and Daniel Wilson. Editing by Catherine Sum.

1/20/2016

STATEMENT ON ONIEDA’S LAWSUIT AGAINST THE GAMING COMISSION

As the President of the Finger Lakes Building Trades Council, which represents 19 local unions with more than 6,000 members, I am disgusted that the Oneidas would once again bring a lawsuit that would hurt thousands of local workers in the Finger Lakes region all in the interest of their own profits.

I have members in various trades – electricians, plumbers, pipe fitters, carpenters, etc. – who are desperately in need of work. Lago not only presents an opportunity to work for the next year on building the facility, but also provides hope for the future. Hope that new businesses will be created. Hope that existing businesses will expand. Hope that the economic climate of Seneca County and the entire region will improve, creating many new, good paying jobs for my members.

Sadly, the Oneidas are trying to stop the jobs and the brighter economic future for our region simply because they are losing a 20-year monopoly. Isn’t a 10-county exclusivity zone enough protection for them? Enough is enough. Stop the madness. Allow the people of Seneca County the prosperity you’ve enjoyed tax free for so many years.

Michael Davis
Finger Lakes Building Trades
President

1/20/2016

Robert Harding
Auburn Citizen

The Seneca County Board of Supervisors’ leadership team slammed a new lawsuit filed by the Oneida Indian Nation that attempts to block construction of Lago Resort & Casino in Tyre.

Chairman Gary Westfall, Majority Leader Robert Shipley and Minority Leader Cindy Garlick Lorenzetti issued a joint statement Tuesday night saying the latest legal challenge is “against the people and best interests of Seneca County.”

“Our county has never received one cent from any casino or gaming facility,” the leaders said. “We are outside the 10-county exclusivity zone that was created for the Oneidas. So they don’t have to provide us with any revenue, as they do those 10 counties in their exclusivity zone. And now they want to prevent Seneca County from receiving any revenue from Lago Resort & Casino.”

They added, “It’s time for the Oneidas to stop the nonsense and end these frivolous lawsuits.”
The new lawsuit claims the process used by the state Gaming Commission to select Lago was illegal. The Oneidas want the selection nullified, which would strip Lago of its casino license.

The Oneidas oppose the project because they fear it would cannibalize existing casino revenues. The tribe operates two casinos in upstate New York — Turning Stone Resort Casino in Verona and Yellow Brick Road Casino in Chittenango.

“This lawsuit is simple: we are asking the court to force the Gaming Commission to enforce and respect the law that is responsible for upholding,” the nation said in a statement.

Joining the Oneidas as petitioners are Tyre residents who oppose Lago’s construction. Casino Free Tyre says the casino would affect the environment and the town’s rural character.

The trio of Seneca County leaders repeated their calls for the creation of an upstate gaming coalition that would work to promote the region’s casinos. Despite the new lawsuit, they’re hopeful that they can work together with the tribe.

“We once again ask the Oneidas to join us in that effort,” they said.

1/19/2016

Payne Horning
Fingerlakes Public Radio

Construction is picking back up on the controversial Lago Resort and Casino in Seneca County following the New York State Gaming Commission’s decision to license it in December. At a public ceremony last week, Lago officials said the casino will be a catalyst for economic growth in the region. Owner Thomas Wilmot Sr. thanked the crowd of locals for standing with the project.

“If it hadn’t been for your support, we wouldn’t be here today, we wouldn’t have won the license, we wouldn’t have prevailed in court,” Wilmot said. “I thank you all enough for your support and your continued support over this roughly three-year period.”

Since its inception, the casino has received pushback from nearby Finger Lakes Gaming and Racetrack in Farmington and Turning Stone Casino in Verona. They fear Lago will steal their business and, ultimately, their jobs. Another group opposed to Lago is a collection of Seneca County residents, called Casino-Free Tyre. They are currently challenging Lago in court over its environmental impact. Casino-Free Tyre spokesperson Desiree Dawley said the casino will ultimately drive out local businesses and forever change the character of small-town Tyre.

“The town is an agricultural district and you’re now going to bring 9,000 people to a town of 900 and pretend that it’s not going to affect the town in any way, shape or form,” Dawley asked.

That is a starkly different vision from the one state Assemblyman Joe Morelle painted at the event.

“It’s been a long time since people have come to our region for economic opportunity, but I think there’s a sense of revitalization and hope,” Morelle said. “Today’s announcement is really emblematic of what’s happening here.”

Tyre town Supervisor Ron McGreevy said the casino will be a turning point for the economically depressed region.

“Lago will provide the spark needed to bring growth and prosperity back to our area, which will begin to lessen the ever increasing tax burden on the residents of Tyre and Seneca County,” McGreevy said.

Lago officials say the casino could create as many as 1,800 construction jobs and another 1,800 full-time positions. Although there is a pending court decision on the casino’s environmental impact, Lago is expected to open in spring of 2017.

1/17/2016

Melody Burri
Daily Messenger
TYRE — Lago Resort & Casino Co-Chairmen Thomas Wilmot Sr. and Brent Stevens were joined by more than 350 Tyre and Seneca County officials, Finger Lakes region labor and business leaders, and local residents at a ceremonial beam signing Friday on the future site of Lago Resort & Casino in Tyre.

After securing a casino license from the New York State Gaming Commission in December, the resort is on track to open in the first half of 2017.

“If it wasn’t for all of you, none of us would be here today,” Wilmot told local supporters. “I have said all along that we intend to build the best resort and casino in Upstate New York and that we will be the best neighbor the people of Tyre and Seneca County have ever had.”

Wilmot said the venue will attract hundreds of thousands of new tourists “who will taste local wines, visit local attractions, buy local goods, help local businesses succeed and expand, and help grow and strengthen the economy of the entire region.”
Lago will be a world-class destination resort, added Stevens.

“We eagerly anticipate the grand opening of our game-changing resort and casino and look forward to bringing new visitors to the Finger Lakes region,” he said.

Plans for the $425 million vanue off the New York State Thruway (Exit 41) include a casino and a 207-room hotel, spa, multiple restaurants and lounges featuring local fare.
Lago Resort & Casino will also feature Savor New York, a unique shop highlighting products from the region, including local wines, beers, whiskeys, food and crafts.

The casino will feature 2,000 slot machines and 85 gaming tables. Lago Resort & Casino developers expect the project to create 1,800 construction jobs and 1,800 permanent jobs once open. To date, Lago has received 3,000 employment inquiries from individuals, with more than two-thirds coming from Seneca County residents.

The $425 million Lago casino faces opposition and lawsuits from Finger Lakes Gaming and Racetrack (FLGR), a group called Casino Free Tyre, and the Oneida Indian Nation, which owns the Turning Stone and Yellow Brick Road casinos.

The existing facilities say Lago will take a significant bite out of business.

FLGR, which employs about 1,700, would have payed 79 percent of its revenue to state-mandated payments, while Lago would pay 37 percent on slot machines and 10 percent on table games. Governor Andrew Cuomo made way for a somewhat more level playing field in his proposed budget. FLGR is still unable to offer slot machines and table games.

Lago Resort & Casino is a partnership between Wilmorite Inc., which owns Eastview Mall in Farmington, and Peninsula Pacific.

1/16/2016

Robert Harding
Auburn Citizen

TYRE | Dump trucks are rolling in and out. Parking areas have been paved. And with Friday’s beam signing ceremony at the future Lago Resort & Casino site, buildings will be erected.

For Wilmorite Chairman Tom Wilmot Sr., the lead developer of the project and Lago’s co-chair, it’s an achievement that is more than two decades in the making. He’s wanted to build a casino in the Finger Lakes region, including a proposal 10 years ago to construct a gaming resort in Cayuga County.

Those plans never materialized.

But after signing his name on a beam that will be used to build the casino, Wilmot said he’s excited for Lago’s future.

“I would say you get a real shot of adrenaline from the 500 people who came out to support us today,” he said. “It’s wonderful.”

The resort will include a casino with 2,000 slot machines and 85 table games, a 200-room hotel, 40,000-square-foot indoor pool and 10,000-square-foot spa.

Several restaurants will be on site and visitors will be able to attend concerts and other events at The Vine, the casino’s entertainment venue.

Other amenities include Savor New York, a retail pavilion promoting products made in the Empire State.

The project will create as many as 1,800 construction jobs and 1,800 permanent jobs once the casino is built.

Brent Stevens, co-chairman of Lago and founder of Peninsula Pacific, a firm which manages casinos, said more than 3,000 people have expressed interest in working at Lago.

“We could not be more excited to be part of the economic resurgence of this beautiful region in upstate New York,” he said. “And we believed two years ago, when we first had the opportunity to come and meet with Tom and the entire family and hear this opportunity, that we just might be right. And today, thanks in no small part to all of you here, we know we’re right. Lago is going to be a game changer.”

Stevens and Wilmot, along with Assembly Majority Leader Joe Morelle and local officials, were the first to sign the beam that will be used to construct the facility. Everyone who attended Friday’s event — an estimated 500 people — were invited to sign their names to the large beam.

Wilmot said crews will begin installing the steel Saturday and heating and plumbing work will commence in the next two weeks. Roofers should be on the site in about a month, he said.

Lago is projected to open in the first half of 2017.

There has been a plenty of controversy surrounding the project. A group of Tyre residents has banded together and filed lawsuits challenging the casino.

Outside of Seneca County, Finger Lakes Gaming and Racetrack in Farmington and the Oneida Indian Nation, which owns Turning Stone Resort Casino in Verona and Yellow Brick Road Casino in Chittenango, have spoken out against Lago. The entities say the Tyre casino will cannibalize gaming revenues, which could lead to job losses at their respective facilities.

After the state Gaming Commission awarded Lago a casino license, the Oneidas filed a lawsuit challenging the panel’s decision.

If Wilmot is worried about the lawsuit, he isn’t showing it. On Friday, he said he’s looking forward to competing with existing upstate casinos.

“We’re confident we’re going to give the customer the best experience they can have,” he said.

1/9/2016

Glynis Hart
Ithica.com

Last week, the Seneca County Board of Supervisors passed a resolution in support of the controversial Lago Resort & Casino planned for Tyre, near the Rt. 414 Thruway exit. The casino plans have inspired three lawsuits by local citizens; anti-casino citizens’ group Casino Free Tyre has contended that the town approved Lago’s site plan without proper review and without the backing of local residents. Although a judge halted work on the casino site in response to the group’s allegation that the environmental review was not done properly, Wilmot Corporation, which owns Lago, won the suit on appeal. On Dec. 21 the state Gaming Commission awarded a casino license to Lago, which is resuming construction. Thomas Wilmot, the Rochester magnate behind Lago, announced plans to open the facility in 2017.

Other opponents of the casino were the Oneida Indian Nation, which owns Turning Stone casino in Verona. In a series of TV spots, the Turning Stone owners said that Lago would draw customers away from existing, nearby casinos. Turning Stone and Vernon Downs and Finger Lakes Gaming and Racetrack all operate within two hours’ drive of the proposed Lago casino.

On Dec. 28, the board of supervisors of Seneca County fired back. Their resolution states, in part:

“WHEREAS, litigants challenging the Casino Project are funded by parties with interests outside of Seneca County (Finger Lakes Raceway owned by Delaware North out of Buffalo and the Oneida Nation/Turning Stone from Oneida County) and have no obligation to Seneca County or its residents and
WHEREAS, Indian Gaming operations have enjoyed over 20 years without payments to state or local governments yet now voluntarily pay over $50,000,000 per year to counties east of Seneca County without benefit to Seneca County and are now pursuing retail and other developments that will negatively impact Seneca County..” the board “reaffirms its unwavering support” for Lago.

The resolution concludes with a call for a Gaming Corridor Marketing effort, “Bringing together those companies involved in gaming and those communities with their economy and tax base now relying or will be relying on gaming revenues, to find mutually beneficial ways to promote upstate tourism and upstate gaming from Albany to Buffalo, Chautauqua to Sullivan County and from the Counties of Broome and Tioga all the way to the Canadian border – it is time to stop spending money on lawsuits and to start turning efforts to marketing the great Upstate New York area.”
Casino Free Tyre did not respond to questions.