In Indiana, Terre Haute Regional Airport officials recently approved a noise and navigation easement and non-lawsuit covenant with Churchill Downs Inc., which is building the $290 million Queen of Terre Haute Casino Resort.
The venue, expected to open in March 2024, is located on a flight path approach to the airport. Churchill already has lowered the height of the proposed hotel from 150 feet to 141 feet in accordance with Federal Aviation Administration guidelines.
Scott Craig, the attorney for the airport, told the Tribune-Star in Terre Haute, “It is a waiver of claims for the casino. It covers anyone else who owns that property or uses that property and waives any claim for damages incurred as a result of aircraft using the navigable airspace. But if an airplane were to crash into their building, it doesn’t waive that type of claim.”
Craig explained the easement, required by the FAA for development around airports, also waives claims including airplane noise, rattling of windows or buildings and air quality.
Airport Board consultant Monica Newhouse-Rodriguez told the Tribune-Star that the easement “covers the emissions of the aircraft and prohibits a legal complaint for noise, vibration and just flying over property. When the airport accepts an FAA grant, you say for 20 years you will protect the airport. I don’t think we have to worry about the casino, but 20 years from now if another corporation purchases it or it changes hands, you want to make sure that those protections are in place in perpetuity.”
The Queen of Terre Haute Casino Resort will offer 1,000 slot machines, 34 table games, a 122-room luxury hotel and nine food and beverage venues, including a soda shop based on the iconic Coca-Cola bottle invented in Terre Haute.
