Boyd Gaming on Thursday scrapped its plans to build a 29,000-square-foot building on land in East Peoria and instead has proposed a new casino on a permanently moored barge on the Illinois River, which could avoid litigation with the city of Peoria.
Boyd Gaming’s new proposal, which will see a 40,000-square-foot casino floor constructed on a barge on the Illinois River, was proposed to make Peoria’s legal challenge to its original plan a “moot” challenge, according to Boyd’s presentation to the Illinois Gaming Board on Thursday.
The Illinois Gaming Board tabled its decision on the casino Thursday and will instead vote on the plan likely within the next three weeks, the board said.
Construction of the permanently moored barge is expected to begin this year, if the plan is approved by the gaming board.
An attorney for Peoria said they were “quite surprised” by Boyd’s presentation on Thursday. Peoria’s surprise comes just days after the city filed a legal challenge to Boyd’s original proposal to construct a building on land that it would call a riverboat.
Peoria Mayor Rita Ali told the Journal Star on Thursday after the meeting that she was disappointed in the position this leaves the city, but the council and city staff will take time to fully evaluate Boyd Gaming’s proposal and will hold an executive session Tuesday night to talk about best options moving forward.
Ali said she was surprised, as well, on Thursday at Boyd’s new plan, specifically because of how quickly the company was able to pivot to a permanently moored barge plan vs. the building it proposed in December.
“Even though there was an indication by Boyd that they would do everything that they could to comply with Illinois Gaming Board and the state law to get an approval, but they made it clear to us they are not coming to Peoria, so that tells me they are going to change their plan maybe one time, two times, three times, four times, five times, however many times they needed to get approval to stay where they are,” Ali said. “But I don’t think any of us had any idea that the change of plans to a permanently moored barge would happen over night.”
Peoria contended that original plan violated state law and a 1991 intergovernmental agreement signed between Peoria and East Peoria that dictated any land-based casino must be in Peoria and any riverboat would need to be in East Peoria.
Peoria’s attorney said the city would need more time to review the new plan but added it could satisfy Peoria’s challenge and dismiss the lawsuit pending in Cook County. However, he said the city would need more than “five minutes” to review the new plan.
Boyd’s new proposal however, as it pointed out, does likely satisfy the requirements needed to keep their operation in East Peoria.
Peoria City Attorney Patrick Hayes told the City Council on Monday night there was a possibility Boyd Gaming could pivot to a permanently moored barge casino and stay in East Peoria.
Peoria’s City Council voted 5-5 on Monday night to not accept a settlement offer from Boyd that would have paid the city an estimated $1.8 million a year. Instead, the council moved to litigate, hoping to either win in court or get a better settlement offer.
Instead, Boyd, in an effort to avoid litigation completely, unveiled new plans to create this permanently moored barge. In comments made Thursday, representatives from Boyd told the gaming board they believe this new proposal makes Peoria’s lawsuit “moot” and satisfies all requirements of state law.
For those on the Peoria City Council who voted to accept the settlement agreement on Monday, their worst fears of how this could play out have come true on Thursday.
Ali and others had warned during debate that Boyd Gaming could pivot to a plan along the lines of something like a permanently moored barge and in turn, the city would be left with nothing rather than a nearly $2 million a year payout.
Ali and councilmembers Denise Jackson, Mike Vepsa, Bernice Gordon-Young and Andre Allen voted to accept the settlement.
“Disappointment. Disappointment with the position we are in right now because I think there was a missed opportunity,” Ali said. “I don’t say that to rub that in because I don’t give a darn about being right. I think we were always right, honestly, but my goal Monday night in voting yes was to try and get as much of a win as I thought we could for the people of Peoria to build up the city.”
Those who voted against it were councilmembers Tim Riggenbach, Zach Oyler, John Kelly, Alex Carmona and Kiran Velpula. Denis Cyr was not present for Monday’s vote.
“If this is what it took to get them to follow the law, who I am to say they can’t have a bigger barge?” Carmona said Thursday. “It is unfortunate because, and I am sure we will get a lot of pushback because we could’ve made more money, but made more money at what expense? Kind of the things like losing credibility, upholding contracts and setting bad precedent.”
Riggenach told the Journal Star on Thursday he is looking forward to the further discussions about how to move forward.
“I am somewhat satisfied to see that Boyd agrees with our assertation that the 1991 agreement and state law carry weight and they agree that a land-based casino would need to be in Peoria,” Riggenbach said.
This article originally appeared on Journal Star: New design for East Peoria casino could avoid legal battle
Reporting by JJ Bullock, Peoria Journal Star / Journal Star
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