KANSAS CITY - The tribal owners of a downtown casino said they plan to open Jan. 10 despite an attempt by state officials to restart a legal challenge. The Kansas attorney general's office has filed a motion with the 10th U. S. Circuit Court of Appeals in Denver asking that it overturn an October decision that dismissed a federal lawsuit against the casino. But leaders of the Oklahoma-based Wyandotte Nation said that until they hear otherwise the grand opening of the three-story casino and steakhouse in a former Scottish Rite temple will move forward. "Everything that's been done in court has been in our favor. We're going to go ahead and open up," Billy Friend tribal second chief said Thursday. The tribe's attorney. David McCullough agreed that there were no legal obstacles remaining. "There's nothing to prevent us from opening," McCullough said. "We've won all the cases. If they don't have an injunction or stay in place which they don't you act consistent with the ruling." A hearing date on the state's motion hasn't been set. The Wyandotte Nation bought the Masonic lodge and half-acre of connected land in 1996 with the idea of turning it into a casino. The state contends that the tribe used federal money not allowed for such purposes disqualifying the land for a casino - a legal question that has fueled more than a decade of litigation. The 10th Circuit ruled that the state's challenge came after the land had been placed into trust by the federal government on behalf of the tribe thereby insulating the government from the state's lawsuit and leaving the federal courts with no jurisdiction. Because of that the three-judge panel agreed with the Justice Department and dismissed the case. In its new challenge the state is arguing that the federal government's timing argument is incorrect and that federal attorneys can't raise the issue of timing now after ignoring it for 11 years. "This is a case about fairness," the Kansas attorney general's office wrote in its motion. Tribe officials began a $20 million renovation of the building earlier this year after Kansas lawmakers passed a law creating the foundation for state-owned casinos operated by the Kansas Lottery. Federal Indian gaming law still limits the Wyandottes' casino to Class II games which play like slot machines but pit players against each other in networks based on bingo odds. In September the Unified Government of Wyandotte County and Kansas City. Kan. accepted a revenue-sharing agreement with the tribe that gives the government 3.5 percent of the first $10 million in casino revenues. 1 percent of the next $10 million and 0.3 percent of the third $10 million. The Unified Government gets nothing for revenues above that. In return the government said it will provide the casino with municipal services such as police and fire protection and utilities and allow its patrons to park for free in nearby city-owned lots. The agreement also requires the tribe to adopt zoning public safety and building codes equal to those enforced by the city although it still recognizes the tribe's sovereignty over its small tract.
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