Wheeling Island Hotel-Casino-Racetrack suing sports app provider

WHEELING — Owners of the Wheeling Island Hotel-Casino-Racetrack are suing the providers of their sports betting app, which has now been off-line for more than two months.

Delaware North — under its division Delaware North iGaming — filed suit Thursday in the Court of Chancery for the State of Delaware against Miomni Gaming LTD and its CEO Michael P. Venner.

The complaint accuses Venner and Miomni of fraud and misrepresenting Miomni’s assurances that it owned all technical rights needed for the sports betting platform. It asserts that while doing so, Miomni breached the joint venture agreement it had with Delaware North in operating the “Bet Lucky” app. According to the lawsuit filed, Delaware North owns 51 percent of Bet Lucky; and Miomni, 49 percent.

Because of the breach, Delaware North is seeking to acquire Miomni’s interest in Bet Lucky under the provisions of the joint venture agreement, and to be discharged from any financial obligations it might owe to Miomni.

Delaware North is asking for damages in an amount to be determined at trial, as well as interest on those amounts.

Miomni is defined in the suit as a limited company formed under the laws of England and Wales with a principal office in the United Kingdom. Calls to Miomni’s east coast office in Rochester, New York were not answered late Friday.

Calls to both Wheeling Island Hotel-Casino-Racetrack CEO Kim Florence and the West Virginia Lottery Commission also were not answered Friday.

The Bet Lucky app went on-line Dec. 27 and has been down since March 6.

Miomni has since acknowledged to Delaware North that technical issues arose between itself and a third-party contractor, Entergaming of Cyprus. who owned the rights to source code to the “back end” of the app’s platform. This dispute — as well as Entergaming’s ownership of the source code — was initially concealed by Miomni from Delaware North, according to the lawsuit.

Delaware North and its affiliates purchased hardware to be used with the platform, prepared its facilities to use the platform, and invested in “substantial marketing efforts,” the complaint states.

Delaware North owns both Wheeling Island and the Mardi Gras Casino in Cross Lanes, Kanawha County.

(King can be contacted at jking@theintelligencer.net)

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