In Sudbury, this week will see deadlines for people wanting to appeal the city's approval of an arena and casino development to be built in the east end.  

While few expect an appeal to successfully block the project, it could cause a lengthy delay.

On an empty plot of land, work is already underway on the Kingsway entertainment district.

Dario Zulich is the project developer. 

"We've cut the trees and cleared a little bit of the land, just so we can get the lay of the land, but right now, a lot of planning is going on." said Zulich.

Those plans take into account a legal challenge of the $100-million development, and eight kilometres away, at Sudbury's City Hall, one group filed papers to the new Local Planning Appeals Tribunal on Monday.

Tom Fortin is a technology business canvasser for Casino-Free Sudbury.

"Hopefully everyone has a nice restful summer, because the fall is when we're going to have a little bit of, well, I don't want to say fun, but that's when things are going to happen. That's when the fight really starts." said Fortin.

The group, made up of downtown Sudbury supporters and casino opponents, says it has raised close to a quarter of a million dollars for this legal battle and it commissioned reports and studies it plans to use as ammunition at the appeal.

The Kingsway entertainment district has already been approved by planning staff, the planning committee, and city council.

Many doubt it can be successfully appealed. That leads to speculation of an ulterior motive, to delay the project long enough to factor into the upcoming municipal election. The Casino- Free Sudbury group isn't shying away from that theory.

"Our goal has always been to stop it. And so, how we get there? I don't care.  As long as it's legal and it's fair. And, you know, we just happen to have an election coming up. So, are we going to capitalize on that? Of course we are." said Fortin.

However, unlike the old Ontario Municipal Board it replaced, the new LPAT can't reverse a local council's decision, and Zulich says election year or not, the public is on his side.

"As far as I’m concerned, 98% of the people in Sudbury really want this project to get off the ground. It's going to put us on the map as the capital of Northern Ontario." said Zulich.

With that, the opening salvo of what could be a month’s long appeal process has been launched, and even though the trees have been cleared, the shovels will have to wait for now.