A Virginia Beach law firm has called on the Virginia Lottery Board to dismiss an application for a casino license in Norfolk. Troutman Pepper, which has long represented The Cordish Companies in Virginia, recently sent the state lottery commission a letter urging the rejection of Norfolk’s casino plan. On September 10, the Norfolk City Council had approved a resolution amending the city’s Preferred Casino Gaming Operator agreement with the Pamunkey Indian Tribe to include Golden Eagle Consulting II, LLC (GEC). This resolution, passed by a 7-1 vote, allowed Las Vegas-based Boyd Gaming to become the controlling stakeholder of Golden Eagle, a position acquired from billionaire Jon Yarbrough.
Attorney John Lynch, a partner at Troutman Pepper, argues that Boyd’s involvement violates state law and has petitioned state lottery officials to reject the casino application. Lynch’s plea to the Virginia Lottery Board came just two days after the council’s vote, suggesting that Norfolk officials are hastening the casino’s development despite voter authorization almost four years ago.
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Lynch stated that the Virginia casino gaming law mandates the City to submit its preferred operator to the Virginia Lottery before scheduling the referendum. He emphasized that “four years ago, the City completed these steps by selecting and certifying the Pamunkey Indian Tribe as its preferred operator.” Lynch contends that the inclusion of Boyd as a new preferred gaming operator is more than a mere formality and represents a significant departure from the original choice approved in 2020.
Lynch also disputes the proposed location for the casino resort, arguing that the new site includes land north of Harbor Park stadium and integrates the casino with the stadium itself, which diverges from the initial referendum’s designated location east of the stadium.
Boyd Gaming and the Pamunkey Tribe plan to break ground on the casino on October 30, pending the procurement of building permits. The Virginia Lottery Board, which reviews facility operator license applications from qualified cities with approved gaming operators, currently includes Norfolk, Portsmouth, Danville, and Bristol as qualified cities. Petersburg voters will soon decide via local referendum if they become the fifth casino location in Virginia, with Cordish and Bruce Smith Enterprises as the preferred gaming operator.
Troutman Pepper has a vested interest since Cordish developed the nearby Waterside District, close to the proposed casino site. Since Norfolk’s intention to introduce a casino, Cordish, backed by Troutman Pepper, has consistently argued that it should have been designated the preferred gaming operator. Cordish had previously filed a lawsuit against Norfolk, citing a 2013 Development Agreement that allegedly included a clause designating Cordish as the city’s gaming partner in the event of future casino development. However, this complaint was dismissed by the Virginia Court of Appeals in March.
The Norfolk Accountability Project, an LLC with Bruce Smith as its registered agent, shares Troutman Pepper’s Virginia Beach address, underscoring the interconnected interests challenging the Norfolk casino plan.
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