Gaming operator sued over plan to move casino

Thursday, Nov. 21, 2002 | 10:59 a.m.

WYOMISSING, Pa. -- Penn National Gaming Inc. said that the owner of a majority of the property where its Boomtown Biloxi Casino is located has begun a declaratory judgment action against the company in the U.S. District Court for the Southern District of Mississippi.

According to Penn National's latest 10-Q, filed Friday with the Securities and Exchange Commission, the company said the action is in response to the company's plans to relocate its Boomtown Biloxi Casino.

The plaintiffs are seeking a declaration that Penn National must continue to use the leased premises for a gaming use or, after the move, it will remain obligated to make the revenue-based rent payments to plaintiffs set forth in the lease.

The company said that it filed a motion to dismiss the complaint Nov. 4, and that the plaintiff hasn't yet responded.

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