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Braun also argued that the public had been excluded from the preparatory finance committee meeting without justification.

But the court said that point did not affect the validity of the by-law, adding that it saw no evidence of a tax that would choke businesses. 

The judges highlighted the number of gaming halls in the city remained largely stable after the increase. 

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“This important financing allows us to progress the pre-construction planning process so that we are ready to complete the remainder of the capital raise and remain on schedule,” Kim said in a statement. “Furthermore, the additional liquidity provides us greater flexibility for other capital opportunities.”

The financing, added Bob Louzan, managing partner at WhiteHawk Capital Partners, reflects its ability to structure flexible capital solutions for complex transactions to “support the project’s pre-construction work as Bally’s advances its broader financing plan”.

In its application materials in New York, Bally’s said it would begin construction “eight to nine months” after securing a licence, which would be this month. The project calls for a single-phase opening sometime in 2030 if timelines hold.

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The committee considered the bill once, on 3 February, and has since taken no further action.

Meanwhile the government has been approaching the issue via a new bill. Sports minister Sadok Mourali said in November 2024 that a gambling and sports betting bill had been circulated for consultation. Twenty-six public institutions received that consultation, including the central bank, Competition Council and financial intelligence authority.

A year later he said the draft had been completely revised to bring it into line with international standards on sports betting manipulation and money laundering.