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Montana City Owes Casino Owner $400,000

4 August 2005

MONTANA – As reported by the Whitefish Pilot: "The city of Whitefish could owe a casino owner in town as much as $400,000 now that a jury has decided in favor of the casino owner.

"In three 12-0 rulings July 27, the jury awarded K & R Partnership $161,000 for land the city took to build 13th St. between U.S. Highway 93 and Baker Ave. and an additional $15,833 for breach of contract in how it provided the Best Bet Casino paving and drainage for a new parking lot.

"Sean Frampton, K & R's attorney, told the Pilot he will submit a motion to Judge Ted Lympus requesting 10 percent interest on the $161,000 award all the way back to October 1998, as well as attorneys fees and expenses.

"Frampton said interest, fees and expenses can be awarded once a jury rules in favor of a plaintiff in such cases. He estimated fees and expenses could reach $100,000, with the total cost to the city nearing $400,000.

"After meeting in executive session Monday night, the city decided to appeal the case to the Montana Supreme Court, arguing that Lympus erred in not allowing the jury to hear about the $130,000 in cash and land it had already given K & R, as well as the free paving, waivers for sewer and water connection fees, and setback and sign variances the city had also provided…"

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