Published on: January 3, 2025, 08:16h.
Last updated on: January 3, 2025, 08:16h.
The co-owner of New Hampshire’s Concord Casino is seeking a ruling from the state’s highest court regarding an ongoing legal battle with state officials over the charitable gaming property.
Lawyers representing casino co-owner Andy Sanborn have filed an appeal with the state Supreme Court, as reported by New Hampshire Public Radio (NHPR).
Battle Over Casino Sale
Central to Sanborn’s argument are claims that the New Hampshire Lottery Commission and the Attorney General’s office unlawfully prevented him from selling the casino. State officials have refuted these allegations.
Sanborn also contends that Administrative Law Judge Gregory Albert, who ruled against him, acknowledged the rationale for granting him an extension to sell the charitable casino, according to NHPR.
“The equities in this matter strongly favor an extension given the positive tax revenue and support of charitable organizations,” Albert said in a ruling in November, as per NHPR.
Albert, however, stated that he lacked the authority to extend the deadline. Moreover, he refrained from determining whether the Attorney General’s office or the Lottery Commission acted improperly by allegedly failing to approve the new owner and issue a license, according to the report.
Albert’s ruling mentioned that the question of the potential new buyer’s suitability “is a question for the courts.”
Ultimately, it will be up to the five judges on the Supreme Court to decide whether to hear the case.
License Revoked
In November, Sanborn’s casino license was revoked. Albert granted permission to the Lottery Commission to revoke the license for two years. Sanborn’s attorneys argue that for him to sell the gaming property now, the license must be reinstated.
Sanborn is experiencing financial hardships due to his inability to sell Concord Casino, his lawyers claim. The charitable organizations that benefit from the casino will also suffer if Sanborn is unable to sell the gaming venue.
Sanborn’s attorneys added in their appeal, “The public interest of this matter is beyond question.”
As of this week, the Attorney General’s office has not yet responded to the appeal.
Prior Arguments
During a previous hearing before a Merrimack County Superior Court judge, Sanborn’s legal team disputed the actions of the Lottery Commission.
His attorneys argued that the revocation ruling was “unreasonable and unlawful.”
A portion of the appeal quoted by New Hampshire’s Union Leader news outlet stated, “Throughout (the Sanborns’) efforts to sell their business, (the commission) attempted to intimidate buyers (e.g., by suggesting buyers would face criminal liability for conduct alleged to have been undertaken by Petitioners before the sale), undermine the possibility of a sale, and cause delays to run out the clock on the revocation deadline.”
About a year ago, Sanborn was ordered to close and sell the property after an investigation. The casino’s license was also suspended. Following several extensions, the November ruling required Sanborn to close the purchase.
The Concord Monitor news outlet reported that an entity called Bettor Investment Group and Full House Resorts Inc. expressed interest in purchasing Concord Casino.
In 2023, New Hampshire Attorney General John Formella launched an investigation into Sanborn and his wife for alleged improper use of COVID relief loans. Sanborn was also arrested in October on charges of fraudulent use of pandemic relief funds.