In May 1997, Ameristar settled the dispute for $32.7 million.
In March 1997, construction was delayed for more than three months, when Ameristar accused Rebeil and Magliarditi of attempting to prevent Ameristar from issuing 7.5 million public stocks, which was to pay for the acquisition of Gem Gaming Inc.
The resort was expected to open later that year. In January 1997, Steven Rebeil and Dominic Magliarditi were denied gaming licenses because of evidence that Rebeil's home development company was involved in a credit scam as a result, they were not allowed to work for Ameristar. Ameristar ultimately planned for a 1,500-room hotel. After its planned 1996 opening, Ameristar intended to expand the casino to 50,000 sq ft (4,600 m 2) and increase the hotel with 500 additional rooms. The resort was designed as the first phase of a potential expansion, as Ameristar owned a vacant area of 28 acres surrounding the resort, with the option to purchase an additional 20 acres. The Reserve was built in Henderson, Nevada, near Black Mountain, on Lake Mead Drive near U.S. The Reserve was initially planned to open in October 1996, with 225 hotel rooms, 1,000 slot machines, and 35 gaming tables.
Ameristar acquired The Reserve as part of the deal. At that time, Ameristar Casinos agreed to merge with Gem Gaming. Construction on The Reserve was underway as of April 1996, with Steve Rebeil and Dominic Magliarditi of Gem Gaming Company as the developers.