A Miami-Dade Judge has ruled that a lawsuit against the City of Miami and the owner of Magic City Casino may go forward.
The lawsuit was filed by a car dealership owner, and developer that oppose the expansion of the casino with a jai-alai fronton and poker room in the Edgewater section of the city. The judge allowed the case to proceed because both can show that their businesses will be impacted by the casino.
Under the agreement between the city and West Flagler that was reached as a settlement in a different lawsuit, the casino can go forward.
The settlement allows West Flagler to apply to operate jai-alai but not to operate slot machines. It could apply for a permit to operate a card club at a later time.
According to the judge who ordered the lawsuit challenging this settlement agreement to go forward, “If the Settlement Agreement resulted from a lawful exercise of discretion it will remain enforceable and West Flagler will be permitted to operate in accordance with its terms and conditions.
“If it is an illegal contract that is void, it will be West Flagler’s prerogative to decide whether to pursue claims against the City based upon its alleged reliance on the Letters, or any other viable theory.”
