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Lawsuit Challenges Oregon Casino Proposal

6 May 2005

SALEM, Oregon – As reported by the Oregonian: "Opponents of a proposed Cascade Locks casino filed a lawsuit Thursday that challenges Gov. Ted Kulongoski's authority to allow casinos and asks the court to void the deal he made with the Warm Springs tribes.

"Kulongoski last month signed an agreement allowing a 500,000-square-foot casino in the Columbia Gorge town 40 miles from Portland. It would be the first off-reservation tribal gambling center in Oregon, where nine tribes operate casinos.

"The suit's arguments -- that the state constitution prohibits casinos and that Kulongoski cannot override the ban -- are identical to those in a suit challenging a tribal casino near Florence.

"The Cascade Locks lawsuit was filed in Marion County Circuit Court by Kelly Clark, a Portland lawyer who represents both sets of plaintiffs. The Florence case is in federal court, and Clark on Thursday asked the judge to send it to the Oregon Supreme Court.

"In announcing the latest suit, Clark cited the state constitution's ban on casinos, which tribes say does not apply to them because they're sovereign. Clark also contended the governor can only execute state laws, not make them…."

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