Peninsula Gaming's plans to build a casino at Mulvane's turnpike exit cleared a legal hurdle this morning when the Kansas Supreme Court declined to review a lower court's decision upholding the annexation of that land by the city of Mulvane.
The decision means Peninsula Gaming can build a casino at the exit should it win the state contract.
The state's casino review board is scheduled to decide next week whether to award the contract to Peninsula, based in Iowa, or to Global Gaming Solutions, of Ada, Okla. Global has planned a casino for Wellington's turnpike exit.
The land at Mulvane's turnpike exit had been in dispute in the courts since the Sumner County Commission sued the city of Mulvane over a string annexation the city used to bring the site within its limits five miles away.
"The city council has long held that proper steps were taken by the City of Mulvane in this matter and we are gratified by the action of the Kansas Appellate and Supreme courts," Mulvane city administrator Kent Hixson said in a written statement.
Mulvane took the action after the county commission declined to endorse casino proposals by Harrah's Entertainment and MGM Mirage for the exit in 2008.
Local endorsements were required before casino developers could sign contracts with the state.
The city's annexation allowed the Mulvane City Council to endorse casino proposals for the site.
A Sumner County district judge ruled the annexation was illegal, but the Kansas Court of Appeals overturned that decision last year.
The Supreme Court said Wednesday it wouldn't review that ruling.
Peninsula had proposed an alternate site east of the turnpike near Oliver and K-53 if the Supreme Court had ruled against the annexation.