Senator Criticizes Court Decision

Senator Mike Stack, whose district is along the Delaware River, is criticizing last week’s Supreme Court decision in favor of allowing the SugarHouse casino to build on state-owned land under the river. The court ruled, 4-2, that the City of Philadelphia was permitted to grant so-called "riparian" rights along the Delaware to the proposed Sugarhouse casino development.

Stack pointed out that it has been long-established legal practice for the state General Assembly to decide whether or not to approve the lease of submerged waterfront land, which the state owns, to private entities. The state is also entitled to compensation. One of the most troubling aspects of the court’s decision was the claim by the court that the submerged lands license cannot be revoked, thereby granting the casino control over the public lands in perpetuity. The senator fears that the case has set a precedent, causing the commonwealth to lose control over all public lands along the city waterfront and possibly other such locations across the state.

Stack says the court’s decision represents "an affront to the long established authority and prerogative of the legislature to control public lands held in trust for the benefit of all commonwealth residents. The notion that a casino can acquire public lands, without even paying a single cent to the Commonwealth is offensive to both good public policy and common sense."

The Senator is urging the legislature to restore state control over state land. He and other Philadelphia lawmakers promised to seek federal court review of the decision.