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Published 9:44 PM EDT Aug 20, 2015

Six years of political and legal wrangling is nowhere near over, but the Tohono O’odham Nation is within four months of completing the first phase of its Desert Diamond Casino West Valley.

The $200 million building is about 60 percent complete and is on target for opening in late December at Loop 101 and Northern Avenue, said Ward Simpson, project manager of Rider Levett Bucknall.

Much of the building’s exterior is done, with some stone facing in place. The interior is taking shape with workers installing wiring for LED lighting, fiber-optic cables and other infrastructure to serve the gaming floor.

Opening the casino by year’s end is made complicated by the state’s opposition and a lawsuit pending in federal court, however.

“We prefer smooth sailing, but it hasn’t been that way,” said Treena Parvello, a spokeswoman for the Tohono O’odham Gaming Enterprise.

The southern Arizona tribe has a tight schedule for completing the building, installing 1,089 gaming devices, widening Northern Avenue and hiring about 500 employees, she said.

The Tohono O’dham Gaming Enterprise also faces the prospect of federal legislation to block the casino from opening and two legal challenges that could keep the doors shut.

Attorneys for the tribe and state are scheduled to be in federal court Sept. 4 for a hearing on whether the Arizona Department of Gaming has the authority to refuse to certify the casino and prevent the tribe from opening its gaming hall.

The tribe filed a lawsuit June 22 asking the court for a preliminary injunction to allow the tribe to exercise its federal rights to open its casino.

Gov. Doug Ducey, Attorney General Mark Brnovich and Arizona Department of Gaming Director Daniel Bergin are named as defendants in the suit. The tribe claims Ducey and Brnovich have improperly exerted political pressure on Bergin to block the casino from opening.

The state and competing tribal gaming enterprises from Salt River and Gila River have opposed the Tohono O’odham casino, arguing that the 2002 state gaming compact does not allow it.

Delbert Ray Sr., Salt River Pima-Maricopa Indian Community president, said the tribe is not a part of the litigation but supports the state’s effort to block the Tohono O’odham casino.

“It is clear the proposed facility is not consistent with the tribal gaming policy that was established in 2002,” Ray said.

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Gaming Director Bergin said in April that his agency would not certify the casino to open because the tribe committed fraud by not being up-front about its plans to build in the Valley while negotiating its state gaming compact in 2002.

Tribe won previous case

Judge David Campbell, who will hear arguments in the tribe’s lawsuit, ruled in a previous case in 2013 that the gaming compact does not explicitly prohibit more Valley casinos. That ruling is under appeal to the 9th U.S. Circuit Court of Appeals.

Campbell, during a hearing in July, questioned tribal attorney Danielle Spinelli about the tribe’s plan to open the casino by year’s end while his 2013 ruling was under appeal, knowing that a contrary ruling could delay or prevent the casino from opening.

“It was the nation’s right to move forward with construction, at its own risk, on the basis that your ruling was binding and preclusive,” Spinelli said.

She also said the Tohono O’odham Gaming Enterprise filed suit in response to letters the Department of Gaming sent in May to gaming vendors, warning them about working with unauthorized casinos, such as the West Valley casino, and that doing so could subject their businesses to legal or regulatory risks.

The Department of Gaming had no comment.

The political opposition to the casino includes companion bills in both chambers of Congress that would block the opening of the West Valley casino and any additional casinos on unincorporated land not adjacent to an existing Indian reservation. This is the third year the Keep the Promise Act legislation has been introduced.

The tribe has political support from West Valley cities, including Glendale, Peoria and Tolleson. Glendale, after opposing the casino for five years, struck a deal with the tribe in July 2014 that will pay the city $26 million over 20 years.

Building on fast track

Construction on the casino continues at a fast pace while the legal and political battles go on.

As many as 1,300 workers from 50 companies have worked on the project since December.

The first phase of the project is an interim casino building of 127,000 square feet, roughly the size of a regular Walmart store. It will include two food outlets, a bar, a gaming floor of 44,000 square feet and the physical plant to provide heating and air-conditioning, said Simpson, the project manager.

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Work is just beginning along Northern Avenue to provide turn lanes into the main entrance at 93rd Avenue. The road construction will continue for up to five months with crews working around the clock except during football games and other major events at University of Phoenix Stadium and Gila River Arena.

A secondary entrance will be from the south on 95th Avenue, which connects with the Westgate Entertainment District.

The tribe is paying for the road improvements.

The Tohono O’odham Gaming Enterprise plans to build a permanent casino building, two hotel towers and a parking garage in later phases of an overall $400 million project. The interim casino would then be converted to a warehouse with the existing physical plant.

No timeline has been set for the later phases, tribal spokeswoman Parvello said.

The tribe, with more than 30,000 members, has two casinos in the Tucson area and one near Ajo.

Published 9:44 PM EDT Aug 20, 2015

Tribal Organization: Tohono O'odham Nation

Highway 86, Milepost 55
Why, AZ 85321

Casino: (520) 362-2746
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Convenience Store: (520) 362-3395

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Directions

1.5 miles east of Why, AZ on Highway 86
Located on the way to Organ Pipe National Park and Rocky Point (Puerto Penasco), Mexico.
From Tucson take Ajo Way/State Highway 86 west about 115 miles to 1 1/2 miles east of Why, Arizona.
From Interstate 8 take exit 116 at Gila Bend. Go south on Highway 85 to 1 1/2 miles east of Why.


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