Kansas Crossing Casino case reaches top court

The casino was awarded the Southeast Zone license, for the final of four state-owned casinos by the Kansas Racing and Gaming Commission in July of 2015.

The project, including a casino and 120-room hotel, has been held up by a lawsuit filed by Cherokee County and investors in Castle Rock Casino that claimed the Kansas Gaming Facility Review Board didn't follow state law when it chose Kansas Crossing over the much larger Castle Rock project.

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Kansas Crossing was scheduled to be completed in June of this year but the lawsuits have delayed the construction. The extensions granted to Kansas Crossing have delayed the opening date to March 31, 2017

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In April, Shawnee County District Judge Larry Hendricks deferred to the gaming commission's judgment and rejected the Cherokee County argument that the state acted "arbitrarily, capriciously and otherwise unreasonably when they selected Kansas Crossing over Castle Rock."

Russell Jones, one of the attorneys for Castle Rock said the appeal to the state supreme court is an "opportunity to put on evidence showing the decision ... should be reversed."

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We are looking for an opportunity to have a fair hearing, Jones said adding they are asking the court to reverse Hendricks' decisions and grant the license to Castle Rock

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What would happen to the nearly-completed Kansas Crossing Hotel, he said, was not his clients' concern.

"That would be up to the developers what they would want to do with it if the license were overturned," Jones said.

Kansas Crossing Spokesman Garion Masterson said they were pleased the Kansas Supreme Court took jurisdiction of the matter, saying they hoped it would lead quickly to a resolution.

"I think we're going to get a conclusion of a lawsuit we feel never had merit, and start generating revenues for the counties and the state of Kansas," Masterson said.