HARRISBURG, Pa. (CBS) – As they appeal the decision to revoke their license, local investors in the Foxwoods casino project tell a state appeals court that they believe the Gaming Control Board erred in its application of the law and denied investors due process.

The Gaming Control Board revoked Foxwoods’ license in December, and the investors have appealed that decision to Commonwealth Court. In a brief filed with the court yesterday, the local investors contend that without calling a single witness to testify, the board,  “remarkably and erroneously” revoked their license.

Fred Jacoby, an attorney representing the investors, said, “We believe that there were a very substantial number of issues of material fact that could not have been resolved by the board without a hearing.”

The brief says the Foxwoods investors share the board’s apparent frustration with the project, but says frustrated expectations do not justify, “erroneous, arbitrary and capricious decisions.” The gaming board’s response is due next month, no date has been set for arguments.

Reported by Tony Romeo, KYW Newsradio 1060