In Virginia, Circuit Court Judge Bradley Cavedo ruled on April 7 that the Cordish Companies’ lawsuit against the city of Norfolk for allowing the Pamunkey Indian Tribe to open a casino had no merit.
Norfolk voters approved a casino in November 2020. Baltimore-based Cordish, the developer of the Waterside District, claimed it had an “agreement to agree” with the city to develop a casino. The company alleged the city breached the agreement by partnering with the tribe on its HeadWaters Resort and Casino, located less than a mile from Waterside.
After several months of threats, in June 2021, Cordish, did sue the city in the Circuit Court for the City of Richmond. Cordish sought $100 million in compensation for the lost casino bid, claiming it had “suffered significant damages.”
The company also claimed it had first rights to a Norfolk casino as part of the Waterside District agreement. The lawsuit stated the casino was the main reason Cordish decided to revitalize the marketplace, which it alleged was a money pit. The city said that was untrue and threatened to countersue for defamation.
Cavedo ruled that the language in § 10.2.1 of the lease agreement is not a condition precedent, but a mere “agreement to agree”, which is unenforceable under Virginia Law. In other words, the judge stated the
“agreement to agree” with Cordish created no obligation on the part of the city and the Norfolk Redevelopment Housing Authority.
Meanwhile, in in his annual State of the City address, Portsmouth Mayor Shannon Glover touted “record breaking” economic investment of $469 million in the city in 2021, which created 815 new jobs. Glover said a major factor is the $300 million Rivers Casino, which broke ground in December and is expected to open in early 2023, creating 1,200 permanent jobs.
