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In a significant legal victory for the city, Norfolk successfully concluded a $100 million lawsuit filed by Cordycee Company, the developer of the Waterside District. The lawsuit claimed that the city should have the first right to develop a casino in Norfolk and sought damages for the city's casino scheme with the Raffky Indian tribe.

Norfolk's partnership with the Rypakki tribe wins casino lawsuit appeal
In a 12-page ruling released on Feb. 27, the Virginia Court of Appeals upheld a lower court ruling that rejected Kodish's lawsuit against Norfolk, the Norfolk Redevelopment and Housing Authority (NRHA) and city attorney Bernard Fishko, as reported by Virginia-Pilot.

Baltimore-based developer Cordycee Company, which activated Waterside in 2013, argued that it should have exclusive rights to develop and operate casinos based on waterside development contracts and leases.

Norfolk's decision to work with the Rypokey Indian Tribe for the Headwaters Resort and Casino, located less than a mile from Waterside, triggered a legal dispute. Norfolk District Associates, a Kodish-owned LLC, filed a lawsuit in 2021, alleging breach of contract and an active attempt to exclude Waterside from casino site considerations.

The case was first dismissed by a Richmond circuit court judge in 2022, prompting Kodish to appeal. In its Feb. 27 ruling, the appeals court affirmed the court's decision, saying the 2013 lease does not oblige the city and NRHA to use the Norfolk Regional Society to develop the casino.

Judge Lee: Casino transactions cannot be enforced
Judge Richard Y. AtLee, who represents a three-judge panel, explained that he had concluded that paragraph 10.2.1 of the agreement could not be enforced. This supported the circuit court's decision to support the protesters, he said.

The Cordish Companies declined to comment on the ruling. In contrast, city attorney Bernard Fishko expressed satisfaction, expressing satisfaction with the court's confirmation that Cordish and John Lynch had filed baselessly against the city, city attorney, and NRHA.

The appeals process included two rounds, the second featuring oral arguments because a judge had to drop the case in December 2023 due to a conflict of interest.

Judges who participated in the final oral arguments and ruled were AtLee, Haley, and Dominique A. Callins, which Causey dismissed. A legal victory solidifies Norfolk's position in moving forward the HeadWaters Resort and Casino along with the Pumaki Indian tribe.