Indianz.Com >
Indian Gaming
'We are thrilled': Spokane Tribe prevails in challenge to new casino
Monday, July 15, 2019
The Spokane Tribe and the Trump administration have prevailed in a lawsuit that challenged a new casino in Washington state.
The tribe opened the Spokane Tribe Casino in January 2018. The facility is located in Airway Heights, less than three miles from an existing Indian gaming property.
The Kalispel Tribe, the owner of the nearby Northern Quest Resort and Casino, sued the federal government in hopes of derailing the new development. But Judge Frem Nielsen dismissed the case on Friday, saying the Bureau of Indian Affairs did not violate its trust responsibility by approving it.
“We are thrilled,” Scott Wheat, the lead attorney for the Spokane Tribe, told The Spokesman-Review. “With the stakes so high … I felt on all sides, the case was well-argued. We are very pleased with the ruling.”
The Spokane Tribe opened the casino after competing both steps of the two-part determination process of the Indian
Gaming Regulatory Act. The law requires approval from the state governor, in addition to the BIA, for certain developments that are located on land acquired in trust after 1988.
The Kalispel Tribe, incidentally, opened Northern Quest after following the same process.
"The Federal Government owes a duty of trust to all tribes; however, the scope of that duty must be established by statute and that trust duty necessarily equally applies to all tribes so the Government may not favor one tribe over another," the decision stated.
The order to dismiss came about a month after a motion hearing in federal court on June 17.
Turtle Talk has posted documents from the case, Kalispel Tribe of Indians v. Department. of Interior.
Read More on the Story
Federal judge dismisses Kalispel suit challenging Spokane Tribe’s casino in Airway Heights
(The Spokane Spokesman-Review July 12, 2019)
District court judge sides with Spokane Tribe in casino lawsuits
(KXLY July 12, 2019)
Court sides with Spokane Tribe, Department of Interior in casino dispute
(The Pacific Northwest Inlander July 12, 2019)
Judge weighs whether to continue lawsuit regarding new Spokane Tribe casino
(The Spokane Spokesman-Review June 18, 2019)
Federal Register Notice
Final Environmental
Impact Statement for the Proposed Spokane Tribe of Indians West Plains Casino
and Mixed Use Project, City of Airway Heights, Spokane County, WA (February
1, 2013)
Related Stories:
Indian
gaming industry grows in revenues but not in number of facilities (March 27,
2019)
Spokane
Tribe eyes new investments in gaming enterprise (September 12, 2018)
Tribes
with casinos just a couple of miles apart step up their food game (April 26,
2018)
Spokane
Tribe welcomes big crowds to long-awaited casino in Washington (January 9,
2018)
Spokane
Tribe readies January 2018 opening for new casino in Washington (December
21, 2017)
Spokane
Tribe ramps up hiring efforts as opening of long-awaited casino nears
(October 23, 2017)
Spokane
Tribe provides funds for highway project at new gaming facility (July 12,
2017)
Spokane
Tribe casino doesn't bother Air Force despite claims in lawsuit (June 26,
2017)
Spokane
Tribe on track to open casino later this year amid lawsuits (June 2,
2017)
Spokane
Tribe faces another challenge to off-reservation casino (May 30, 2017)
Trump
administration faces test of off-reservation gaming policy (April 18, 2017)