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Dismissal of Waterside developer lawsuit against Norfolk upheld by Court of Appeals

Cordish Companies says it agreed to develop Waterside in exchange for the exclusive right to develop and operate a casino in Norfolk. The Court of Appeals disagrees.
Credit: de Art - stock.adobe.com

NORFOLK, Va. — The Court of Appeals of Virginia has upheld a lower court decision dismissing a lawsuit against the city of Norfolk, brought forth by the developer behind the Waterside District.

According to last week's ruling, Cordish Companies says it agreed to develop Waterside in exchange for the exclusive right to develop and operate a casino in Norfolk if casino gaming was legalized.

Years later, the city announced it entered an exclusive deal for a casino, with the Pamunkey Indian Tribe. 

Cordish sued the city in 2021, alleging breach of contract. The case was dismissed in 2022, and the ruling on Tuesday, February 27 upheld that decision, which points to the lease's contract which specifically excludes a casino from their definition of "permitted use".

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