North Carolina Judge Stands Firm Amid Defamation Lawsuit Tied to Controversial Casino Legalization Push
In a high-profile legal showdown with political undercurrents, Special Superior Court Judge Hoyt Tessener rejected an attempt to remove him from a defamation lawsuit that has uncovered behind-the-scenes moves to legalize casinos in North Carolina. The judge also said he plans to report the lawyers who tried to disqualify him to the North Carolina State Bar for disciplinary action, underscoring the tension and stakes involved in this politically charged case.
The Case: Defamation or Political Maneuvering?
The lawsuit centers around a fiercely contested Rockingham County commissioner race where candidate Craig Travis accused his political rivals of defaming him during the campaign. Travis, who had narrowly lost the Republican primary to Kevin Berger — son of powerful State Senate leader Phil Berger — claims that his opponents smeared him because of his outspoken opposition to casino gambling.
Travis argued that the defamatory remarks damaged his reputation, especially given the significant controversy over the 2023 attempt by North Carolina lawmakers to legalize casinos in three counties: Rockingham, Anson, and Nash. However, Judge Tessener saw it differently.
On Friday, during a hearing in Wake County Superior Court, Tessener ruled there was no evidence of defamation against Travis. He emphasized that most of the lawsuit’s claims were linked to the failed legislative effort to approve casinos, rather than personal attacks on Travis.
“I do not have any relationships with any of the parties, I do not even know them,” Tessener said, denying any claims of bias.
The Background: Casinos and Political Power Plays
The political backdrop of this case is a tangled web of influence, legislation, and family ties. In 2023, Phil Berger, a key figure in North Carolina politics and Rockingham County’s state Senate leader, spearheaded an unsuccessful push to bring casinos to three counties, including his own. His son, Kevin Berger, serves as a Rockingham County commissioner and voted to rezone land intended for a potential casino development.
Records made public through a public records request reveal lobbying efforts by the Cordish Companies, a Baltimore-based firm heavily involved in casino development, and its supporters. These records show how the company and its advocates attempted to maneuver both locally and in the state legislature to advance their casino plans.
The Lawsuit’s Legal Twists
Travis’s defamation lawsuit targeted multiple defendants, including Kevin Berger, other commissioners, a Rockingham GOP leader, and two political groups. He alleged that during the campaign, these parties spread false statements to undermine his candidacy because of his anti-casino stance.
But the lawsuit didn’t get far. After a hearing on April 23, Judge Tessener dismissed the case, calling it frivolous and not supported by valid claims.
That dismissal triggered pushback from Travis’s lawyers. They quickly moved to have Judge Tessener recuse himself, arguing he had conflicts of interest that should have disqualified him from ruling on the case. However, Tessener denied these allegations during Friday’s hearing.
Allegations of Conflict and Bias
Here’s where the drama really unfolds: Travis’s legal team argued that Tessener’s ties to political figures and groups linked to the defendants raised serious questions about his impartiality.
Key points raised include:
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Connection to GOPAC: Tessener was accused of being closely linked to GOPAC, a national political group that supports Republican candidates. GOPAC’s advisory board includes nearly all top Republican legislative leaders nationwide, including Phil Berger.
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Political Donations: Records show Tessener donated a total of $17,000 to Tim Moore’s legislative campaigns and $6,600 to Moore’s congressional bid. Moore, a former House Speaker, appointed Tessener as a judge in 2023. Tessener also gave $1,000 to Phil Berger’s campaign. These donations were presented as potential signs of bias.
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Appointment Context: The timing of Tessener’s judicial appointment raised eyebrows. In 2023, the Republican-controlled legislature added a provision to the state budget giving legislative leaders the authority to create and appoint 10 Special Superior Court judgeships — a role that had traditionally been filled by the governor. Tim Moore, who appointed Tessener, had ties to GOPAC, where Berger also sits.
Despite these points, defense attorneys argued these connections don’t prove bias. Ellis Boyle, representing two defendants, pointed out that Tessener has also donated to prominent Democrats, including Secretary of State Elaine Marshall and former appellate Judge Lucy Inman.
Boyle summed it up by saying,
“You can’t divine any bias or partiality from that.”
Judge Tessener Pushes Back on Recusal Attempts
Judge Tessener was firm in rejecting the recusal motion, saying no credible evidence showed he was partial or biased. He also expressed frustration with the defense attorneys’ conduct, saying he intends to report them to the NC State Bar for disciplinary proceedings — an unusual but significant move in such a politically charged case.
He highlighted that Travis’s lawyers waited until after the dismissal to claim impartiality concerns. During the hearing, Tessener sparred with attorneys Kimberly Bryan and Alicia Jurney, who represented Travis. Jurney stressed the importance of public trust in the judicial system, saying,
“The important thing is for people to have confidence in the judicial system.”
But Tessener stood his ground, stating clearly he had no personal connections with any parties and found no legitimate basis to remove himself from the case.
What’s Next?
As of now, the defamation lawsuit remains dismissed, and the battle over the case’s judicial oversight appears settled — at least for the moment. But the underlying political drama surrounding casino legalization and local elections continues to simmer.
The case has peeled back the curtain on the intense lobbying efforts by casino developers like the Cordish Companies and the complicated intersections of family, politics, and power in North Carolina.
Key Takeaways:
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Judge Tessener denies bias claims and refuses to step down from the defamation case involving casino opponents and local political figures.
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Travis’s defamation lawsuit dismissed as lacking merit and being tied more to failed casino legislation than personal defamation.
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Political ties and donations scrutinized, but defense argues no evidence proves judicial partiality.
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Public records reveal casino lobbying efforts by Cordish Companies and allies in Anson County and state legislature.
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Legislative changes in 2023 shifted power, allowing lawmakers to appoint Special Superior Court judges, fueling concerns about political influence.
This case is a fascinating window into how local politics, gambling interests, and the justice system intersect. It highlights how legal battles can sometimes become proxies for larger political fights — with family ties and campaign contributions adding layers of complexity.
It’ll be interesting to see if this story unfolds further in the courts or influences upcoming elections in Rockingham County and beyond. The tension between casino proponents and opponents remains a heated topic in North Carolina, with big money and powerful players involved.
If you want to keep an eye on local politics or casino gambling in the state, this lawsuit is definitely one to watch. It’s a reminder that behind every courtroom drama lies a larger story about power, influence, and the fight for control over communities’ futures.
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