Developers of the .2 million Kansas Crossing Casino and Resort in Pittsburg, Crawford County, the final state-owned casino in Kansas, recently requested a second 90-day extension for its opening date. The casino was supposed to open July 2016. Cherokee County and a Castle Rock Casino Resort, which competed with Kansas Crossing for the gaming license, sued the Kansas Racing and Gaming Commission in Shawnee County District Court. Judge Larry Hendricks has ruled against Cherokee County and Castle Rock and has set a schedule for document filing in the case.
Cherokee County and Castle Rock have asked the court to discard Kansas Crossing’s selection and restart the selection process. Lawyers for the two parties said the Lottery Gaming Facility Review Board applied practically none of the criteria required for choosing state-owned casino operators were applied in the selection of Kansas Crossing. Castle Rock, attorneys said, “unquestionably presented the highest gross revenue, the most tourists, the highest tax revenue, the most amenities and the most jobs.”
Furthermore, Cherokee County court filings claimed there were improper communications between members of a state board involved in the selection steps and the winning bidder. Also, filings stated an unregistered lobbyist submitted names of potential members for the state board that ultimately chose Kansas Crossing.
Kansas Crossing attorney Clint Patty responded, “Cherokee County and Castle Rock’s continued attempts to avoid a decision on the merits adversely impacts Kansas Crossing’s ability to perform its responsibilities under the contract due to the uncertainty created by the allegations and relief sought by Cherokee County and Castle Rock in the pending litigation. It should be clear that at the present time Kansas Crossing stands ready to proceed with fulfilling its obligations under the contract once the pending litigation is successfully resolved.”
Attorneys for the Kansas Racing and Gaming Commission stated the lawsuit by Cherokee County and Castle Rock is “a futile attempt to rehash existing allegations and pleadings.” They said affidavits in the filings contained inadmissible hearsay.
Kansas Lottery Director of Program Assurance and Integrity Keith Kocher said he did not know when or whether Kansas Crossing will be granted a second extension.
