Despite losing his case at Superior Court, Tom Fortin says he remains optimistic in his efforts to block the Kingsway Entertainment District.

“On Friday, Sept. 4, the Superior Court handed down its decision on our application,” Fortin said Tuesday on his website, Casino-Free Sudbury. “Our application to quash the bylaws forming the KED was denied. While we are disappointed by the decision, we are reviewing the extensive 35-page decision and are considering our options.

“The decision to proceed with the Superior Court application was not made lightly. It was an expensive and time-consuming effort. In 2018 the city legal representative motioned to remove the bias/fettering issue from the (Local Planning Appeal Tribunal), suggesting it should be heard in Superior Court. We decided to do just that in the interests of the community.”

The KED would consist of a $100-million arena/events centre city taxpayers would pay for, and a $60-million casino that Gateway Casinos would build.

Fortin sued the City of Greater Sudbury for bias and fettering, and asked the Superior Court to quash the bylaws clearing the way for the KED.

The Superior Court challenge stemmed from appeals filed with the Local Planning Appeal Tribunal regarding elements of the Kingsway Entertainment District. Twelve appeals were filed in 2018, but one has been dismissed; however, the other 11 are proceeding. The LPAT is scheduled to meet on Sept. 17.

While the Superior Court challenge was denied, Fortin said there are several other issues before the LPAT. The appeals filed in 2018 object to various aspects of the project, including parking lot rezoning; casino rezoning; amendments made to the official plan concerning the casino; and arena rezoning.

“It is important to understand the bias/fettering issue was only one of many issues before the LPAT,” Fortin continued. “The remaining issues must be resolved and will be argued before the tribunal on Sept. 17. We remain optimistic on our chances of success.”

Just a few days after scoring a victory in court, the group behind the KED, led by Dario Zulich, launched a somewhat provocative website at kingswayentertainmentdistrict.com.

“Innovation and optimism always win. The City of Greater Sudbury is in a position to make a legendary shift towards greatness,” the website proclaims. “The Kingsway Entertainment District will solidify the city as the hub of the north. We have space, we have the skills and most importantly, we have the vision to GROW GREATER.”

The website also boasts the KED will be transformational once built.

“The city government, in collaboration with the team that has lit the Greater Sudbury sports market on fire, are building one of the (country’s) most iconic entertainment district (sic),” it states.

There is not much content on the website yet, except for an old promotional video that still shows the Fabio Belli field house and a convention centre located at the KED, as well as a motorsports park and a water park. The video dates from the days of the True North Strong moniker and links to a now-defunct website.

The new website, however, links to the group’s Facebook page, which argues the KED is an ideal location if for nothing else, its expansive size.

“Have you ever tried on a pair of shoes one size too small? Has that ever happened to you when it’s the last pair left? At first you only kinda wanted the shoes but now, for some bizarre reason, you REALLY WANT THOSE SHOES. This can be a bit of a nightmare in these moments. You start to tell yourself some comically good lies — my toes will get used to it; the shoes will stretch out; if I curl my toes it will be fine. … A pair of shoes too small today are still too small tomorrow,” the KED Facebook page indicates.

The team behind the KED operates the Sudbury Wolves and the Sudbury Five. They say The Kingsway offers lots of space with room to grow and they are ready to help realize what they say is an iconic event district.

“Why are we so excited about the Kingsway location? Elbow room — there’s lots of it. Not only are we planning for the needs of social distancing in public, but we are planning to create a ton of jobs,” the team says on Facebook. “This isn’t just a ‘build an arena and we are done’ situation. This is a district that will become one of the economic and cultural engines of the community. Built to complement the already existing communities within Greater Sudbury. This is not a scarcity mindset project. This is a mission of abundance. This is not about a pair of shoes that don’t fit. This is about creating shoes fit for everyone.”

Using the same terminology, Zulich said Friday it is time to move forward on the project.

“It’s now time for us all to put this behind us and work together to grow Greater Sudbury,” he said in a statement.

mkkeown@postmedia.com

Twitter: @marykkeown

705 674 5271 ext. 505235