A judge has ruled in the city’s favor in a lawsuit involving the Danville casino. The lawsuit from Mervis Industries challenged the zoning change that permitted the casino to be built.
Judge Mark Bovard found that the passing of a zoning petition to rezone 204 Eastgate Drive for the Danville casino "was not arbitrary and capricious" and not a violation of Mervis Industries Inc.'s constitutional rights. On the other counts of the suit, the court grant's the city's motions and finds that the passing of the zoning petition doesn't constitute spot zoning, didn't violate the plaintiff's procedural due process rights, and a zoning ordinance text amendment was not a violation of the plaintiff's substantive due process rights.
Danville Mayor Rickey Williams Jr. is pleased with the news, stating that the city prevailed over Mervis Industries on every count and received a motion for summary judgment.
Mervis Industries Inc. filed the lawsuit in Dec. 2020, objecting to rezoning and the location of the casino. Mervis has a business right next to the casino property and claimed that the casino and its traffic would affect its business. In his ruling, the Judge said the casino could actually be an economic boast to the area and the hotels located nearby. The Judge said the city council voted for the zoning feeling it was important for the community, and as a home rule city, it can change zoning ordinances.
The city moved the casino to the site where it now operates after an earlier site was dropped. The first site was on land owned by Mervis, but an agreement on the land could not be reached after the price skyrocketed over the initial price.
The Golden Nugget Casino has had a successful operation since it opened several months ago. Besides the casino, the building houses a busy steakhouse.
A copy of the court’s ruling can be seen on the WITY website.
