Mar 8, 2012 By Amy Revak heraldstandard.Com 2 min read

An attorney for an unsuccessful group of investors argued Wednesday before the state Supreme Court that the Pennsylvania Gaming Control Board erred in awarding Nemacolin Woodlands Resort a resort casino license.

The gaming board voted in April to award the Category 3 license to Nemacolin Woodlands, which has partnered with Isle of Capri of St. Louis, Mo., for the casino. Isle of Capri is funding the project at an estimated cost of $50 million.

Nemacolin plans to use the site on Route 40 in Farmington that houses the Wildside center for the casino. Officials previously said it could be open nine months after the license is awarded, following the necessary renovations.

The casino, dubbed “Lady Luck Nemacolin,” is expected to include 600 slot machines, 28 table games, a casual dining restaurant and lounge.

Mason-Dixon Resorts LP is appealing the state’s decision to award the license to the Farmington resort.

Stephen Schrier, an attorney for Mason-Dixon, told the state’s high court in Philadelphia that the process was flawed. The group had planned to open a resort casino at the Eisenhower Hotel and Conference Center in Gettysburg.

Schrier said Nemacolin Woodlands doesn’t have the required number of hotel rooms and plans to put the casino a mile from its hotel, not in the hotel as he said is required.

Pennsylvania Gaming Control Board attorney Doug Sherman said the board didn’t commit any legal error.

Jeff Nobers, spokesman for Nemacolin Woodlands, said the resort believes, as it always has, that its application is sound and the resort is qualified.

“The bottom line is that they may be able to argue that the law is vague, but that’s the law,” Nobers said.

Nobers said the appeal, unfortunately, is part of the process and there is no time frame for a ruling, which he guessed would take several months.

Mason-Dixon wants the board’s decision vacated. The court did not indicate when it would rule.

The Associated Press contributed to this report.