Andy Sanborn closer to new casino construction off Loudon Road after court order
Published: 07-02-2024 5:02 PM
Modified: 07-02-2024 5:17 PM |
Andy Sanborn’s proposed 43,000-square-foot casino off Loudon Road could be one step closer to construction after a lawsuit challenging the city Zoning Board’s approval of the development was denied.
Kassey Cameron, a Concord resident, filed lawsuits against both the city’s planning and zoning boards over the approval of Sanborn’s casino on Break O’Day Drive, which includes a microbrewery and restaurant.
However, last week’s Merrimack Superior Court order reversed the ZBA’s decision that Cameron has standing to appeal the planning board’s decision.
While the court recognized Cameron’s active involvement in the planning board proceedings and her concerns regarding the character of the building, it found her property’s proximity, about a mile away, did not provide sufficient standing.
Despite her expressed worries about safety and traffic due to the casino’s potential impact, the court found that “these concerns are too speculative” and insufficient to grant her standing.
Last July, Cameron filed a lawsuit against the city following the planning board’s approval of Sanborn’s casino and microbrewery’s first phase in June. She argued that residents were not notified about the continuation of a public hearing, culminating in a 4-2 vote of approval.
Cameron also contended that the city’s approval of a casino near Loudon Road violated zoning regulations prohibiting such establishments in that zone. After the zoning board declined to reconsider the issue due to her request being filed past the deadline, she filed a second lawsuit.
The court has also dismissed Cameron’s pending motion to support her claim regarding timeliness.
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While the proposed building measures over 40,000 square feet, the first phase will be a 24,000-square-foot gaming room with 634 seats and an 8,500-square-foot restaurant and microbrewery that could hold up to 150 diners.
Last week, Sanborn, who owned and operated Concord Casino on South Main Street, received an extension to sell the business after being ordered to close it down on Jan. 1.
The closure was mandated following a ruling that found Sanborn had fraudulently obtained and misused $844,000 in COVID-19 relief funds to support a lavish lifestyle, making the former state senator ineligible to participate in New Hampshire’s charitable gaming sector.
Initially given six months to sell the business, with a deadline of June 27, the extension now pushes this deadline to July 18, confirmed the New Hampshire Lottery Commission.
According to the ruling, an extension will be given only if the company has found a buyer and a sale is pending. Documents from the Lottery Commission show that the casino has found a buyer.
There is also potential for further extension if the sale is pending after July 18, as the original ruling capped the maximum allowable extension for the business at 90 days.
Failure to sell the business within the specified time frame could result in a two-year license revocation, per the ruling.
If Sanborn successfully sells his business within the allotted time, he could see the suspension of his operating and gaming licenses lifted, allowing him to reapply.
With restored licenses and successful completion of the new gaming room off Loudon Road, he might even be able to operate the casino. But, the path to regaining his license appears fraught with challenges, particularly the rigorous suitability review he must pass.
Sruthi Gopalakrishnan can be reached at sgopalakrishnan@cmonitor.com.