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NYNY > SEC Filings for NYNY > Form 8-K on 8-Oct-2013All Recent SEC Filings

Show all filings for EMPIRE RESORTS INC



Other Events, Financial Statements and Exhibits

Item 8.01. Other Events.

On October 2, 2013, the New York Supreme Court in Sullivan County (the "Court") denied in its entirety the Article 78 petition (the "Petition") filed by Concord Associates ("Concord") on or about May 14, 2013. The Petition named the Town of Thompson and its Town Board and Planning Board (collectively the "Thompson Parties") and EPT Concord II ("EPT"), a subsidiary of Entertainment Properties Trust, as Respondents. Monticello Raceway Management, Inc. ("MRMI"), a wholly-owned subsidiary of Empire Resorts, Inc. (the "Company), asked and received Intervenor/Respondent status in the proceeding in light of its interest in the outcome of the matter.

In its Petition, Concord challenged the actions and determinations made by the Thompson Parties regarding the phased development (the "Project") of EPT's approximately 1,500 acres at the site of the former Concord Resort in Sullivan County, New York (the "EPT Property"). EPT and MRMI envision MRMI developing a comprehensive resort destination that includes a casino and a harness racetrack and may also include one or more hotels, food and beverage outlets, a spa facility, retail venues, space for conferences, meetings, entertainment and special events in a multi-purpose conference space supported by separate meeting rooms and parking facilities on a portion of the EPT Property (the "Casino Project"). In addition to the Casino Project, the Project is expected to include a golf course and a resort including a variety of amenities.

The Company issued a press release relating to the denial of the Petition, a copy of which is attached as Exhibit 99.1 hereto.

Item 9.01. Financial Statements and Exhibits

(d) Exhibits.

99.1 Press Release, dated October 8, 2013

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