A vow to fight SugarHouse ruling Four lawmakers pledged to appeal. The state controls submerged land, they said.

August 26, 2008|By Suzette Parmley INQUIRER STAFF WRITER

A group of state Senate and House members who represent neighborhoods near the proposed SugarHouse casino pledged yesterday to go to federal court to overturn a decision that lets the casino build on submerged riverfront land.

The four members also promised to seek a legislative remedy.

The legislators sharply criticized a Pennsylvania Supreme Court decision issued Friday that gave riparian rights to the casino developer. They also argued that submerged land along the waterfront should be under state control.

The strategies are the latest effort by those opposed to casinos being built along the Delaware River waterfront. The casinos have received the approval to build there by the state Gaming Control Board, an approval that was affirmed by the state Supreme Court.

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"We believe the court overstepped its boundaries," said Rep. Michael O'Brien, as he boarded a plane from Chicago to Denver for the Democratic National Convention yesterday. O'Brien was joined in the statement by State Rep. William Keller and Sens. Vincent J. Fumo and Michael Stack, all Democrats from Philadelphia.

"Our legislative counsel is reviewing the decision," O'Brien said, "and we assume to take it up to the federal court and review our options there and also seek legislative remedies."

Meanwhile, SugarHouse's chief executive officer, Greg Carlin, said yesterday that his company was moving forward on obtaining remaining permits and removing debris at the site for the $700 million casino planned for North Delaware Avenue at Shackamaxon Street.

The court decided, 4-2 with one abstention, that the city could not revoke the license giving SugarHouse the authority to build over submerged land on the Delaware River. That approval was issued during the last days of Mayor John F. Street's administration. Mayor Michael Nutter opposes riverfront casinos.

SugarHouse was awarded one of the two state slots gambling licenses allocated for Philadelphia. The other license was awarded to Foxwoods Development Co. L.L.C. to build a $670 million casino under the same name at Columbus Boulevard between Tasker and Reed Streets.

Foxwoods said last week that it was willing to consider alternative sites for its project.

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