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Court rejects Planet Hollywood appeal

The state Supreme Court yesterday struck down an appeal by a group of local investors who wanted to team with Planet Hollywood to open a casino on the Delaware riverfront at Spring Garden Street.

The state Supreme Court yesterday struck down an appeal by a group of local investors who wanted to team with Planet Hollywood to open a casino on the Delaware riverfront at Spring Garden Street.

The court upheld the state Gaming Control Board's December decision to grant casino licenses to two other applicants on the riverfront, SugarHouse in Fishtown and Foxwoods in South Philly.

The local investors in the proposed Riverwalk Casino complained that the Gaming Control Board deliberated in private meetings, decided without warning that North Delaware Avenue could not handle traffic from two casinos and that board members recused themselves improperly from some votes to avoid an appearance of a conflict of interest.

Chief Justice Ralph Cappy wrote that Riverwalk was trying to convince the court that its application was better than SugarHouse and Foxwoods.

But the court would not rethink the board's decision and said there was no evidence that the board had made any errors.

The court's ruling was 5-1 with Justice Ronald Castille dissenting and Justice Thomas Saylor not participating.

Castille, in his dissent, said Riverwalk "makes a very strong case" when complaining about the Board's concerns about traffic on North Delaware Avenue.

The Riverwalk group was controlled by a group of minority investors and backed by Mayor Street, who endorsed it above four other casino applications. The site was city land that once housed an incinerator.

"For us, it was never just about gaming," said Bill Miller, one of the founders of the group. "It was a wealth development opportunity for our community."

Miller said the group is speaking with its attorneys about what further action it might take.

Doug Harbach, spokesman for the Gaming Control Board, said its members were pleased that the court found it had acted legally.

"It's another hurdle that's been crossed to fulfill the legislature's goals to place legalized gaming in Philadelphia to gain the tax benefits for the Commonwealth's citizens," Harbach said. *