Vancouver to fight decision on casino

Vancouver will continue its legal fight over one aspect of the proposed Cowlitz casino.

The city gave notice Monday with the 9th U.S. Circuit Court of Appeals that it intends to contest a September decision tossing out its lawsuit filed earlier this year.

The federal government has issued a final environmental impact statement on the Cowlitz Indian Tribe’s proposed $510 million casino complex, which would be built on a 152-acre site west of La Center. But the feds have made no decision on whether to take the land into trust on the tribe’s behalf, a necessary step toward building a casino.

Brent Boger, an assistant city attorney, said the city doesn’t believe U.S. District Judge Benjamin H. Settle was correct in a Sept. 24 ruling.

Vancouver went to court to try to overturn the National Indian Gaming 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.

Settle, however, ruled the city lacked legal grounds to challenge the commission’s decision.

Boger declined to discuss whether the city council met in closed-door session to authorize the appeal.

“All I can say is the council was consulted by the city manager,” he said.

Boger said he would personally handle the appeal as a way to save money.

“And I have some appellate experience,” he said.

For the earlier round of litigation, the city relied on the Marten Law Group of Seattle. The city has paid the law firm more than $100,000 for representation on the lawsuit and other casino-related work.

Phil Harju, the Cowlitz Tribe’s vice chairman and spokesman, continued to hammer on the city for fighting the gaming commission’s decision.

“This is a complete waste of taxpayers’ money,” he said Monday.

“The tribe is still willing to have discussions with the city of Vancouver on a government-to-government (basis),” Harju added. “There’s no need to sue the federal government.”

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