Attorney Karen Confoy also says the commission was not legally entitled to take staffing levels into account. The company began laying off employees almost as soon as it took over, ultimately eliminating nearly 1,000 jobs.
But attorneys representing the casino commission and the state Gaming Enforcement Division says the license denial was based on a host of problems.
The Trop is for sale, but the sale can't take place until the appeal is decided. The judges gave no timetable when their ruling would be issued.