SUDBURY -- CTV News has learned that the Superior Court in Greater Sudbury has rejected arguments that Greater Sudbury was biased when it approved the Kingsway Entertainment District in 2018.

The ruling paves the way for a two-day hearing later this month when a provincial appeals body will hear arguments the city violated planning policies in approving the project in 2018.

Sudbury businessman Tom Fortin has spearheaded opposition to the KED and operates the website He is part of the appeals at the Local Planning Appeals Tribunal, and led the fight into Superior Court when the LPAT ruled his bias argument was beyond their jurisdiction.

Planning approvals to build the $100 million arena and $60 million casino were approved in spring 2018, and the matter has been under appeal ever since. A hotel is also planned on the property, which is owned by developer Dario Zulich. Zulich transferred the land needed for the arena to the city for a nominal sum.

Neither Zulich nor Fortin have yet responded to messages seeking comment. Greater Sudbury Mayor Brian Bigger's office said a statement would be issued later today.

"As this is part of the legal process, the mayor thinks it's best the city issue a statement, rather than him speaking on it," his office said.

The LPAT hearing into the KED appeal is scheduled to take place via teleconference Sept. 17-18.

 This story will be updated as more information comes avaialble.