Judge hamstrings lawsuit vs. Crawford Cty. Casino

 

STAFF REPORTS  |  HOMETOWN GIRARD

Construction may soon commence on the Kansas Crossing Casino and Hotel project after a Kansas judge ruled on Cherokee County’s efforts on behalf of a competing idea.

On March 31, Judge Larry Hendricks of the Third Judicial District of Kansas, based in Shawnee, denied a petition for judicial review to the Cherokee County Commission. The commission is backed by the Castle Rock Casino project, which lost a $145 million bid last year to the Kansas Lottery Commission.

The casino would have been situated around Interstate Highway 44 in Cherokee County, but the effort to build Kansas Crossing in the Pittsburg area won instead.

Arguing their significantly larger project would be a better use of state resources and the Lottery Commission did not fairly consider their plan, Castle Rock then sued in state court with the Cherokee Commission’s support.

Hendricks declined to permanently enjoin the Kansas Crossing project from starting construction last year and further denied a motion for expanded discovery later in the year. The latest motion for judicial review had been thought to be the last reasonable hope for the lawsuit to move forward.

Its defeat March 31  prompted the Cherokee County Commission to announce they will decide whether to appeal beyond Hendricks on Monday, April 4. Such an action would likely involve a considerable investment of time and money in legal and court fees, and pressure is building to throw in the towel.

Kansas Crossing lead investor Bruce Christenson praised the Hendricks ruling in an April 1 press release.

“We appreciate Judge Hendricks’ decision to dismiss [the] lawsuit … the Court’s decision is great news for the people of Pittsburg, Crawford County and the region,” Christenson said. “It’s certainly great news for the hundreds of people who will benefit from jobs during construction and the hundreds more who will benefit from permanent jobs once Kansas Crossing opens next year.

“We will now start construction to build a fantastic project which will serve to enhance tourism in Southeast Kansas. We are excited about the future and look forward to helping grow the region’s economy.”