A 2016 lawsuit that seeks to prevent the $40 million Spokane Tribe Casino from being built in Airway Heights, Washington went before a federal judge last week.
The first phase of the $400 million casino resort is already built. The question is whether the lawsuit, which was brought by the neighboring Kalispell Tribe, should be allowed to go forward anyway.
Although two miles from the Kalispell’s Northern Quest Resort & Casino, the Spokane Tribe considers the 145 acres part of its aboriginal lands. An attorney for the Kalispell last week in opening arguments said the Bureau of Indian Affairs erred when it put the land into trust because it didn’t take into account the proximity of the Kalispell tribe.
The tribe contends that it will lose $43 million annually from the Airway Heights casino. It seeks summary judgement from U.S. District Judge Frem Nielse, which means it wants the judge to decide the legal points of the case before it goes to a jury.
The Spokane Tribe argues that the Bureau of Indian Affairs acted correctly, comparing the decision to the original decision in 1997 allowing the tribe’s first casino. It argues that it needs the additional money for tribal operations and notes that the Kalispell tribe spends 30 times as much as it does on its members.
The Spokane Tribe’s lawyer also contends that the new casino would have minimal negative effects on its neighbor.
Spokane County is jointly suing with the Kalispells, claiming that the casino poses a hazard to the nearby Fairchild Air Force Base. The Air Force itself does not make this claim.
Phase One was completed early in 2018. So far it is unclear if the small casino has had any effect on the Northern Quest, which just completed an upgrade of its own.
The judge is expected to rule sometime this summer.
