Atlantic County Set to Take New Jersey State to the Next Level

We can exclusively report that Atlantic County Executive Dennis Levinson is giving the State of New Jersey one last chance to resolve the current dispute over Atlantic City Casino’s PILOT legislation for 2022 and into the future. .

If they fail to resolve their mutual differences, the threat of another Levinson / County of Atlantic lawsuit against the state of New Jersey looms right now.

At the bottom of this last-minute report is a definitive 3-page letter – which we obtained exclusively – written by the Special Counsel of Atlantic County Litigation … the law firm MCELROY, DEUTSCH, MULVANEY & CARPENTER , LLP.

The letter was sent today, December 9, 2022, to Parimal Garg, Esq., Chief attorney in the New Jersey State Governor’s Office.

The legal letter ends with the following statement.

We remain available to discuss this proposed solution or any other solution you deem appropriate. Time, however, is running out. We can no longer delay taking the necessary steps in court to protect the rights of our clients under the CONSENT ORDER.

This same litigation firm successfully represented Levinson and Atlantic County on June 19, 2017, when they filed a lawsuit against the State of New Jersey, former Governor Christopher Christie, the City of Atlantic City, the mayor of Atlantic City and others challenging the constitutionality of the Casino Property Tax Stabilization Act, enacted on May 27, 2016.

This Dennis Levinson litigation angered former Governor Christie and cost Matt Levinson his post as chairman of the New Jersey Board of Control at the time.

Matt Levinson was widely praised when he was chairman of the New Jersey Casino Control Commission. It was a case of cold and harsh political retaliation… to punish the son, in order to retaliate against the father.

It’s another moment of truth, a critical tipping point, as the New Jersey Senate recently approved legislation regarding the Atlantic City Casino PILOT legislation.

It was so important to outgoing New Jersey Senate Speaker Steve Sweeney that he himself sponsored the legislation and enthusiastically pushed for it.

The New Jersey General Assembly Appropriations Committee will adopt its own version of the legislation on Monday, December 13, 2021.

If it gets final approval, New Jersey General Assembly Bill A5587 would cost the Atlantic City Casino an additional $ 15 million in its base payment for the PILOT 2022 project (payment in lieu of taxes) compared to the Senate version.

If the Assembly bill is adopted, the two bills will have to be reconciled.

All of this will have to take place during the current lame duck legislative session and they are quickly running out of time.

If both houses of the New Jersey Legislature fail to pass the same bill and get Gov. Phil Murphy’s approval before the lame duck session ends … the process will have to start over.

The two Bills are very similar in nature (A5587) and (S4007) both separate and remove sports and internet gaming from gaming revenue in the PILOT calculation.

People are arguing about it… Atlantic City casinos have argued for the separation of these revenue streams.

Sweeney warned that if this legislation is not passed, up to four Atlantic City casinos could close their doors forever.

Outgoing Atlantic County Assembly member John Armato was the previous sponsor. He has relinquished his role and he now passes to Assembly Member Lou Greenwald, a lawmaker qualified to guide legislation from his perch in the Assembly Appropriations Committee.

The Assembly committee will now deliberate with this latest news that Atlantic County is set to take legal action against all of the same parties they prevailed over in 2017.

The 3-page letter below makes it clear that Levinson and Atlantic County would prefer to negotiate a settlement between all parties, but leaves no doubt that in the absence of a settlement … ‘Atlantic is ready to file a lawsuit in New Jersey Superior Court.

It’s the type of inner letter that you hardly ever get a chance to read in real time on its generation day. It’s here:

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