Tyre casino lawsuit tossed out by judge

Courtesy of Wilmot Casino and Resort
May 13, 2014

A judge in Seneca County has dismissed a court case over a proposal to build a casino in Tyre. A group of residents of the small agricultural town filed suit claiming the town board pushed through a controversial zoning amendment.

Fifty-seven Tyre residents opposed Rochester-based businessman Thomas Wilmot’s proposed casino and they challenged the town board’s support for the project in court. They say the board pushed through changes to zoning laws that make the casino possible without proper input.

The judge dismissed the case Monday after hearing oral arguments last week.

In the 17-page decision, the judge ruled the residents could not prove that the law was enacted for the benefit of a single party.

Mario Fratto is the attorney for the residents. He says residents were not given proper notice.

The judge stated notice was posted online.

“I think that argument misunderstands this community that half the population doesn’t even own computers. So to tell them that they could have went online, when you’re Amish, that doesn’t really work,” says Fratto.

Fratto plans to appeal the decision. The case will move to the appellate court in Rochester and will be heard by a panel of five judges.