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Appeals court affirms second ruling against would-be casino operator

Baltimore City Entertainment Group L.P. cannot force the city to transfer land or grant it a lease to operate a casino, the Court of Special Appeals held Wednesday.

The unreported opinion affirms a February 2011 ruling by a circuit court judge who said it was too soon to resolve all of BCEG’s breach of contract claims, but found the city was within its rights to cancel the land disposition agreement and the casino lease because BCEG had never obtained the required license to operate a video lottery terminal.

“As it is undisputed that BCEG never received a VLT License, and the lack of such a license is the only material fact relevant to this appeal, the City was entitled to summary judgment on its declaratory judgment and quiet title counterclaims and dismissal of BCEG’s equitable claims,” Judge Alexander Wright Jr. wrote for the intermediate appellate court.

The VLT license was the subject of a separate appeal, which the Court of Special Appeals rejected in June. BCEG asked the Court of Appeals to review that decision, but the top court refused in October, Wednesday’s opinion notes.

The opinion in the case, CSA No. 0048, Sept. Term 2011, is available as RecordFax #12-1212-00 (18 pages).