After MTR Gaming Group decided to build the casino on another parcel in Summit Township, outside the city, Presque Isle sold the International Paper plant property - including $600,000 worth of "clean fill" or dirt - to GEIDC for $4 million. GEIDC sued when Presque Isle didn't deliver the dirt.
The casino's attorney argues it had no obligation to provide the dirt because it wasn't listed in the deed for the land.
Erie County Judge John Garhart disagrees saying it would be "absurd" for GEIDC to pay $600,000 for nothing.
The casino will appeal.
