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Montana Casino Lawsuit Not Over

MONTANA – As reported by the Whitefish Pilot: "The former owner of the Downtowner Motel has filed a petition for a rehearing with the Montana Supreme Court in a case involving a sports bar and casino.

"The city of Whitefish claimed a major victory June 13 when the court ruled in its favor against Shelley Germann. The court case coincides with recent discussion by city staff and councilors about further regulation of gambling in Whitefish.

"Germann sued the city after she was denied a permit in 1999 to operate a sports bar and casino at the motel on Spokane Avenue and Second Street.

"In the petition filed June 27, Germann's attorney, Richard Gallagher, claims that the court 'did not address Ms. Germann's equal protection claims and thus overlooked a decisive question in the case.'

"The petition also claims that the court's decision 'conflicts with controlling federal precedent' in turning down Germann's claim against city councilors for punitive damages, and that the court overlooked Germann's reliance on existing zoning and building permits in deciding whether she had a vested property right.

"…Germann's petition also claims that 'evidence in the record supports (her) contention that she was targeted.'…"

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