Federal court tosses Vancouver's casino suit

A federal judge has tossed out the city of Vancouver’s lawsuit challenging one piece of the Cowlitz Indian Tribe’s push to build a large casino complex in north Clark County.

U.S. District Judge Benjamin H. Settle of Tacoma ruled Wednesday that Vancouver has no legal grounds to challenge a January decision by the National Indian Gaming Commission.

Vancouver went to court to try to overturn the commission’s Jan. 8 decision approving the tribe’s plan to deal with the loss of its 2004 agreement with Clark County, which outlined how traffic and other issues associated with the casino would be addressed.

Vancouver, represented by the Marten Law Group of Seattle, contended that the city stands to be harmed by the commission’s decision. If the federal government
approves the tribe’s request for a 152-acre reservation west of La Center, “gaming on the site will inevitably follow, making it likely that the city’s interests will be harmed.”

But Settle rejected that argument and ruled that the city’s “alleged injury is hypothetical.”

“In this case, (Vancouver’s) alleged adverse consequences resulting from the construction of a casino 10 miles from its city limits are neither actual nor imminent,” the judge wrote.

Brent Boger, an assistant city attorney who worked on the case, said the judge never addressed the city’s fundamental argument: that the tribe must own or have a controlling interest in the casino site before the National Indian Gaming Commission issues a tribal gaming ordinance.

The site is not owned by the tribe, but by a partnership between Cowlitz Tribe member David Barnett and the Mohegan Tribe of Connecticut.

Boger said he disagrees with Settle’s ruling, but he has to review it further before deciding if he will recommend the city appeal.

Phil Harju, the Cowlitz Tribe’s vice chairman and spokesman, said he always believed the city’s lawsuit, filed March 28, was frivolous and was not surprised to see it dismissed.

“This is money that was just wasted that could have been used for important projects that taxpayers need in this community,” Harju said.

Lloyd Tyler, Vancouver’s chief financial officer, said the city has paid the Marten Law Group to date almost $104,400 for representation on the lawsuit and other casino-related work.

In May 2007, the city council voted 7-0 to oppose the proposed $510 million project and authorized city attorneys to initiate or join litigation to thwart the tribe’s plans to bring Las Vegas-style gambling to Clark County.

Wednesday’s ruling is just the latest step in what likely will be an ongoing fight over the proposed Cowlitz casino. The cities of Vancouver and La Center, as well as La Center’s nontribal cardrooms and Confederated Tribes of the Grand Ronde are expected to fight in court if the federal government approves the Cowlitz Tribe’s casino plans.

Jeffrey Mize: 360-735-4542; jeff.mize@columbian.com.