CHEROKEE COUNTY, KAN. - Penn National Gaming is filing a lawsuit against the Cherokee County Commission and Health Department.
On Wednesday, they also filed an application to operate the state-owned casino in Wyandotte County.
Penn is proposing a $500 million project built in two phases at I-435 and Parallel Parkway in Kansas City, Kansas.
In 2007 Penn applied to operate a state-owned casino in Cherokee County, but backed out of the contract to build more than six months ago.
The land that would have been used for the resort is now part of the conflict.
Penn National Gaming still owns the property and says the Cherokee County Health Department sent a letter asking them to clean up the dilapidated buildings and trash on it.
But Penn says it is an unfair enforcement of the laws.
"I've never heard of anybody suing somebody over a request to clean up trash," says Cherokee County Commissioner Richard Hilderbrand.
The county says there are a number of deteriorating structures, trash, and burning sites on the property.
According to the lawsuit, Penn National says there are other properties in the county with comparable conditions.
The County Health Department says it regularly sends these types of complaints.
"Whether it be illegal dumpsites or open discharges, or on site sewage systems - on site systems, it's my mechanism for getting these situations remediated," says Carl Hayes of the Cherokee County Health Department.
Penn National claims the county is specifically targeting it's property and wants the Health Department to prove that it's not.
Since being served the lawsuit, Carl Hayes has been compiling pictures, letters, and certified mail receipts to show he is following protocol.
"It was obviously a former home site, that the home had been removed from the foundation, and took some pictures and more or less toured the site," Hayes says. "We have an environmental code in the county that gives me right of entry, not into a home or vehicle but on the property."
Hayes adds that during his inspection he was not even aware that Penn owned the property.
"They're claiming malicious intent and if we didn't even know about it I'm not sure how we could be malicious about it, but I think it will get dismissed," Hilderbrand says.
Hayes says the lawsuit isn't his main concern - getting this property cleaned up is.
Penn National did not return our phone calls to further comment on the lawsuit.
By NINA CRISCUOLO
