A federal judge last week dismissed a lawsuit brought by opponents of the Spokane Tribe’s $40 million Spokane Tribe Casino near Airway Heights, Washington, which opened in early 2018.
The casino had been challenged in 2017 by the Kalispel Tribe and Spokane County. The Kalispel operate a rival casino: Northern Quest Resort & Casino, which opened in 2000. It sued the U.S. Department of the Interior, claiming that the department “violated” its trust relationship with the tribe when it put land into trust for the Spokane tribe, and claims it hurt the existing casino’s ability to make a profit. The Kalispel claim they could lose $43 million annually due to the proximity of the Airway Heights casino.
In the ruling federal Judge Frem Nielsen wrote, “In this situation, the Spokane and Kalispel’s interests are not aligned. Consequently, since the department fulfilled its statutory duty to examine the benefits and harm to all affected parties, the department did not violate the trust relationship.”
Nielsen also wrote, “The (Bureau of Indian Affairs) squarely addressed Kalispel’s concerns regarding lost profits. The department’s expert concluded that while the Kalispel may suffer in the short term, eventually the profits would rebound and both tribes would benefit.”
The Spokane Tribe began construction on the $40 million casino three years ago on 145 acres in land it considers part of its aboriginal homeland. It was intended as Phase I of a $400 million facility.
The land is three miles from the Northern Quest, which by comparison was built on land purchased in 1996 for the tribe by the Interior Department and put into trust. At the time that casino was approved, the Spokane tribe opposed it, claiming it would harm its Two Rivers and Chewelah casinos.
Spokane County was also a part of the lawsuit, although its arguments were separate. It called the federal government’s consultation with local governments “legally insufficient” and claimed the new casino violated a land use study regarding new construction in the vicinity of the Fairchild Air Force Base.
Neilsen addressed those concerns, saying, “The county argues that the department should have given the county’s objections ‘substantial weight.’ There is no basis in law that would afford more weight to the opinions of the county than those of the cities of Airway Heights and Spokane, or the governor of the state of Washington.” The judge pointed out that the Air Force itself did not object to the casino.
