Supreme Court clears way for Foxwoods construction

For the second time in four months, the state Supreme Court has stepped in to force the city's hand on zoning for a controversial riverfront casino.

The court yesterday ordered the city to give Foxwoods the zoning changes it needs to start construction on Columbus Boulevard at Reed Street, meaning the project needs no more approvals from City Council.

The court in December issued a similar ruling for SugarHouse, a casino proposed for Fishtown.

Yesterday's ruling again cited complaints that Council, especially Councilman Frank DiCicco, had engaged in delaying tactics to slow the progress of Foxwoods.

Foxwoods was halfway through Council's process to get its zoning after two hearings earlier this year; a third is scheduled for tomorrow and a fourth later this month.

Mayor Nutter called the court's opinion a "slap in the face" for the city.

"It is certainly perplexing for the court to issue an opinion saying that somehow City Council is delaying the process when they're actively in the process," Nutter said yesterday after reading the 19-page opinion. "It's as if someone reached out their hand and took one ball team and just moved the game to the ninth inning and said: 'OK, game's over.' "

The opinion, written by Chief Justice Ron Castille, noted that then-Mayor John Street asked City Council last May to introduce legislation needed by Foxwoods for the zoning changes but that no member would sponsor it.

Foxwoods filed its appeal to the court in January, after the SugarHouse ruling found that Council had delayed that project.

DiCicco then submitted the legislation, starting the hearing process. The ruling seems to treat that as too little, too late.

"They were the ones saying we were being obstructionists," DiCicco said yesterday of the court. "They decide to preempt us again. The citizens of Philadelphia, no pun intended, never seem to get their day in court."

DiCicco said the hearings so far have uncovered concerns about traffic at the Foxwoods location and questions about how much of the project would be built. He was not sure if tomorrow's hearing will continue due to the ruling.

"Foxwoods is thrilled with the Supreme Court's decision," spokeswoman Maureen Garrity said yesterday. "We were confident in our position and are glad that the court ruled in favor of our project and the jobs and tax benefits that will come from it."

The court yesterday also issued a decision that will likely cause some relief for SugarHouse investors, who have been fighting the city and the state over a license to build on state-owned land that makes up half of their location.

Street's staff last year issued the license for use of the riparian land, a term for riverfront property. Nutter this year revoked that license, prompting SugarHouse to ask the court for help.

The court had set a May 12 hearing to hash it out, leaving SugarHouse in a bind because its option to purchase the half of the property not considered riparian lands comes due on May 10.

SugarHouse, which has already put up $50 million for a state casino license, wanted to see which way the hearing went before paying $70 million for the property.

The court yesterday moved up the hearing to April 15.

"We have contractual obligations that are affected by the Supreme Court case," SugarHouse spokeswoman Leigh Whitaker said. "The fact that it has been moved up is helpful in our contractual obligations going forward."

The rulings have Nutter worried that city residents aren't having their voices heard.

"I know there is certainly a lot of money at stake and a lot of very important high-profile players involved in this matter," he said. But residents' "rights and quality of life should not be trampled by power and financially well-to-do forces." *