A temporary restraining order that would have instantly blocked the city of Danville from continuing through with development on the forthcoming Golden Nugget Danville property has apparently been denied by a judge in the state of Illinois, which is located in the United States of America.
According to a report that was aired on a local television station on Monday, the Illinois Fifth Judicial Circuit Court Judge Mark Bovard denied the request of a local scrap recycling merchant named Mervis Industries. Mervis Industries' property is adjacent to the location of the upcoming 41,500 square foot casino. If the judge had granted the request, the building permits that were previously issued by the city of approximately 30,000 people would have been null and void.
The upcoming Golden Nugget Danville venue is reportedly going to open on an 11.5-acre plot of land on the eastern outskirts of the small city in Illinois as early as March of the following year. It will reportedly offer a selection of up to 500 slot machines along with 14 gaming tables. The casino is being developed by an American casino operator known as Golden Nugget LLC. After receiving unanimity of support from the Illinois Gaming Board in March, the project received permission to move forward with construction of the $100 million venture and the two restaurants it will house in the month of April.
On the other hand, Mervis Industries is said to have brought a legal challenge against the forthcoming gambling-friendly project and the associated re-zoning decisions in December of 2020. The company argued that the finished facility would be detrimental to its own company due to the anticipated increase in the volume of vehicular and pedestrian traffic. The local plaintiff is said to have further suggested that casino patrons who were unsuccessful in their wagers could commit theft by taking valuable metals from the casino's own property and leaving.
According to reports, Judge Bovard listened to the oral argument in the case last week before coming to the conclusion that Mervis Industries had not sufficiently demonstrated evidence of how the re-zoning choices and the completed Golden Nugget Danville would cause it to suffer "irreparable injury." In addition, the arbitrator is said to have decided that any potential dangers related with the upcoming project are "still many months away" and that these dangers will not become apparent until after "the inauguration of the casino."
Reportedly read the decision made by Judge Bovard...
In the meanwhile, the parties will continue to work toward a resolution of the complaint for declaratory judgment proceeding. That action will either result in the re-zoning being upheld, in which case development will carry on, or in the re-zoning being deemed unlawful, in which case development will come to a halt. According to all indications, a decision will be reached about that step before the work is finished.
According to reports, Austin Zimmer, who represented the city of Danville on behalf of Del Galdo Law Group and represented Vermilion County, told the broadcaster that the entire plan to bring a casino to Danville could have been "stalled" if Mervis Industries' legal action had been successful. Mervis Industries brought the lawsuit. However, the attorney is said to have further asserted that the court had deemed the defendant's position that there would be no injury to any surrounding properties to be "persuasive and denied the temporary restraining order." This was supposedly stated in the attorney's proclamation.
Reportedly, Zimmer stated to WAND-TV that when the zoning for the Gold Nugget Danville was approved, the city of Danville ensured that it was done so in accordance with its well-established procedures for zoning review and approval. We are certain that the court will rule that the city has complied with all legal requirements and conducted itself in an appropriate manner.
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