A temporary restraining order against the Golden Nugget Danville was denied by a court in Illinois.
According to news reports out of Illinois, a court has thrown down an emergency injunction that would have prevented the city of Danville from moving forward with construction on the future Golden Nugget Danville property.
On Monday, WAND-TV reported that Judge Mark Bovard of the Illinois Fifth Judicial Circuit Court had denied a petition by local scrap recycling merchant Mervis Industries to nullify building permits issued by the city of some 30,000 people for the forthcoming 41,500 sq ft casino.
Happening all the time:
Located on 11.5 acres of land on the eastern outskirts of the small Illinois city, the upcoming Golden Nugget Danville venue is being developed by American casino operator Golden Nugget LLC and is expected to open as early as March of next year offering up to 500 slot machines and 14 gaming tables. After receiving unanimous approval from the Illinois Gaming Board in March, construction on the $100 million venture and its two eateries reportedly began the previous month.
Case made by the accuser
But in December of 2020, Mervis Industries allegedly sued the upcoming gambling-friendly project and accompanying re-zoning decisions, claiming that the finished facility will affect its own business owing to an anticipated increase in vehicle and pedestrian traffic. The local lawsuit allegedly went even farther, suggesting that unlucky casino goers may steal valuable metals by taking them from the casino's own premises.
Positive discovery:
According to reports, Judge Bovard heard oral argument in the lawsuit last week and finally ruled that Mervis Industries failed to provide sufficient proof that the re-zoning decisions and the completed Golden Nugget Danville would cause it "irreparable injury." An other alleged ruling from the arbitrator states that any potential problems with the upcoming project are "still many months away" and would not be obvious until "the opening of the casino."
Hearing about the verdict from Judge Bovard...
Meanwhile, the parties will continue to cooperate towards resolving the complaint for declaratory judgement. Either the re-zoning will be upheld and construction will proceed, or it will be deemed invalid and construction will halt. According to all indications, this legal matter will be settled before the building is finished.
Absolute confidence:
Attorney Austin Zimmer, who defended the city of Danville on behalf of Del Galdo Law Group, was quoted by the broadcaster as saying that the entire idea to bring a casino to Danville might have been'stalled' if the legal action by Mervis Industries had been successful. A lawyer for the defendant reportedly further stated that the court had rejected the interim restraining order after hearing the defendant's contention that there would be no damage to any neighbouring homes.
According to WAND-TV, Zimmer stated...
When approving the Gold Nugget Danville's zoning, the city of Danville followed its standard operating procedure. We are certain the judge will agree that the city did what was required of it.
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