According to the New Hampshire Bulletin, the extension is more of a judicial workaround in a story that involves misappropriated Covid relief funding, hot cars and state politicians.
On Sunday (22 September) Judge Gregory Albert stayed his order denying an extension until 30 days after a 15-day rehearing window expires or, if a motion for rehearing is filed, 30 days after a ruling for rehearing is issued. In other words, Albert is circuitously extending the process by about 40 to 50 days.
Sanborn and his attorneys have reportedly agreed to terms with a buyer. But the prospective buyer has yet to be found suitable for licensure by the New Hampshire Lottery Commission. The regulator didn’t confirm whether the process will be complete by the 30 September deadline, prompting the psuedo-extension.
If the casino had not sold by the deadline, its gaming licence would have been suspended for two years. Such a scenario would render the casino nearly worthless. As the process has gone on, both sides have accused the other of stalling. State officials pushed back on an extension, arguing that it unjustly rewards Sanborn in a process meant to punish him.
Albert sided with Sanborn’s camp, which argued that preventing a sale only takes revenue away from local charities. In New Hampshire, casinos operate under a charitable gaming framework that distributes revenues to local organisations. According to the Bulletin, nearly 30 charities split some $170,000 in revenue generated by Concord Casino last year.
Case has been complicated and drawn-out
Albert’s decision on Sunday is the latest in what has been a complicated saga. It started last August, when New Hampshire’s attorney-general, John Formella, announced that Sanborn was unsuitable for gaming licensure due to fraud allegations. Sanborn is accused of misappropriating $844,000 in Covid relief funds, which he reportedly used to buy Porsche sports cars and repay himself for past rent. His wife Laurie Sanborn, the recipient of a Ferarri, is a sitting state representative. Sanborn himself is a former state senator, who was nicknamed the “Conservative Conscience”.
Under state law, casinos were not entitled to such funds. But Sanborn failed to disclose the casino in the application as it is located inside a sports bar. To date, no charges have been filed, but in December Sanborn was ordered to close and sell the casino.
The case’s first judge, Michael King, set a 30 June sale deadline, with the stiupulation that an extension to 30 September could be granted if a deal was in place but had not closed by the first deadline. When Albert assumed the case in June he approved the September extension.
Over the last several months, the case has become increasingly contentious. Sanborn has become vilified but the state has also drawn criticism for downplaying the casino’s charitable contributions. In July, Sanborn filed a sealed civil lawsuit against Formella, presumably in relation to the scandal.
Sanborn also facing Supreme Court challenge
Concord Casino isn’t the only Concord property Sanborn is defending in court. The former lawmaker is also proposing a 43,000sqft casino elsewhere in the city on Loudon Road. The project is being challenged by local resident Kassey Cameron. The state Supreme Court last month agreed to hear the case.
Cameron, who lives a half-mile away from the proposed site, claims her proximity to the project gives her standing to contest it. She also claims the city’s planning board violated public meeting and zoning laws by approving the casino.
In June, a lower court ruled that Cameron was too far away to claim standing. Cameron’s attorney Amy Manzelli told NH Business Review that the size of the casino validates her client’s claim.
“When you have a large project like the Concord casino, you are likely to have a large area around that of people that have standing,” Manzelli said. “She has the potential to be experiencing the increased need for public services, including emergency response and police response from that development.”