Jeff McIntyre, the past chair of Downtown Sudbury Business Improvement Area, tells CTV News that the BIA has withdrawn from the Superior Court application in this case, leaving Tom Fortin of Casino Free Sudbury as the sole  applicant. 


The group in Sudbury that is opposing the Kingsway Entertainment District (KED) development is taking the City of Greater Sudbury to court, suggesting there was bias in the decision making over the project.

This comes on the eve of an important hearing in Sudbury on Thursday, August 8, as the province's Local Planning Appeals Tribunal (LPAT) meets with the people involved.

Casino Free Sudbury, a group led by businessman Tom Fortin, says it is taking the city to court over the process leading up to the decision to back the KED project. The Sudbury Business Improvement Area is also listed as one of the two applicants on the Superior Court filing.  

"A few weeks ago, LPAT formally let us know that they would not hear the bias issue because it's out of their jurisdiction. And so, we have this window now where we can go to the Superior Court because we reserved our place there back in April, and so we decided to act on it," said Fortin.

The LPAT conference on Thursday is regarding the objections to the new arena and casino complex.

"The goal there, we're not sure, may be a few surprises, but we expect they may want to set a hearing date. But at that meeting, we will be requesting that LPAT stay themselves or wait until we finish in Superior Court," said Fortin.

In response, Sudbury Mayor Brian Bigger released this statement:

Here's the response from the city:  Mayor Brian Bigger says:

"We continue to respect the process and will let it take its course. These are important projects that will shape the future of our city. I just hope we have resolution as soon as possible."

Developer Dario Zulich says everyone has the right to be heard.

"Including these small special interest groups that have a right to appeal and they've appealed the decisions to council, but we respect that and we're looking forward to having that process move forward," said Zulich.

Still, he remains confident in the KED project.

"I'm just excited for this project to get on with. It's going to create jobs, construction jobs. It'll create full-time employment, it'll create tourism, it'll enhance our local economy," said Zulich.

Meanwhile, Gateway Casinos is anxiously awaiting the outcome of all this as they want to get going on their new $60-million casino.