Local backers of the project, however, vowed to fight any possible rejection in court.

"I believe our application is in fact correct, and I'm prepared to litigate if necessary," Manheim Township lawyer Jerry Finefrock said Tuesday evening.

State lawmakers, including Sen. Gibson Armstrong and Senate Majority Leader David "Chip" Brightbill, said the gaming board is ready to turn down Finefrock and law partner Jim Nettleton Jr.'s application because it is apparently "incomplete."

The board will meet in Harrisburg at 10 a.m. Thursday.

There is a disagreement between the attorneys and the Gaming Control Board over whether Finefrock and Nettleton ever secured the $50 million bond required to obtain a gaming license, Finefrock said.

Brightbill said a rejection would send "a message that the Gaming Control Board is going to be very diligent in doing their job and making sure the applicants follow the letter of the law and the spirit of the law. I'd be happy to see the whole thing go away."

Sen. Noah Wenger said he has heard a decision will be rendered by the Gaming Control Board this week.

"I don't know what the decision will be, but I'm confident they will take into consideration the wishes of the people of the community," Wenger said.

Nick Hays, spokesman for the Gaming Control Board, declined to confirm if the application would be on Thursday's agenda.

"A discussion about that submission may be held as early as Thursday," he said.

Nettleton and Finefrock have proposed developing a $150 million slots parlor in the Bulova Technologies building at North Queen and Orange streets for two years before moving the operation to another site, most likely the Burle Business Park along New Holland Avenue.

Investors based in California, Florida, Connecticut and New Jersey have partnered with the attorneys.

Finefrock said the state Gaming Control Board sent a letter indicating the $50 million bond for the state-required licensing fee had not been issued. Finefrock said it was.

The project's proponents considered withdrawing their application in the wake of the letter because of the costs and time required to challenge the state in court.

They recently submitted a petition to withdraw their application because "the problems were too great," Finefrock said.

Now, however, because information about the withdrawal was leaked to the press, Finefrock said his team plans to withdraw the petition and challenge any state attempts to throw the application out.

"We are demanding a full hearing," Finefrock said. "We've put them on notice. We're going to try this to the state Supreme Court.

"I am the meanest trial attorney in Lancaster County. I'm angry. I was angry at ... (the Gaming Control Board's) incompetence. This is additional proof of their incompetence, that they leaked this to Armstrong and all his buddies."

Republican lawmakers and a contingent of local residents began lining up against the project when it was first pitched in December.

Armstrong said opponents of the slots parlor had doubts all along about whether the attorneys could secure a license.

"There were too many things that weren't good," Armstrong said. "They didn't have the experience, first of all, the financial depth they should have had. They did not have community support. They did not build the case in the community. Had the wrong location -- it didn't have free parking."

Since then, state lawmakers had gathered more than 15,000 signatures on a petition opposing the slots parlor, Armstrong said.

"We will hold onto them in case ... this thing flares up again," he said.

State Rep. Mike Sturla, a Democrat who represents the city, expressed disappointment at the prospect of losing the slots parlor because it would have generated millions of dollars for city government and School District of Lancaster.

The state would funnel portions of the slots parlor proceeds into the budgets of the host municipality and school district.

"I hope those people who fought this would work toward getting the host municipality these dollars every year, even if we don't have a gaming facility," Sturla said.

Lancaster city Mayor Rick Gray said the attorneys had little chance of securing a gaming license, anyway.

"This whole thing, the fact we're going through with this whole charade just shows how unfortunate it is you have to ... resort to this type of thing to fund public schools," he said. "Why, instead, aren't we out there talking about real issues, like how to properly fund our schools? This is ridiculous stuff."

"I'd be happy to see the whole thing go away."

David "Chip" Brightbill

State Senate majority leader blog comments powered by Disqus