Moose lodge casino still in question

More than 200 people packed a special Libby City Council meeting Monday at 7 p.m. to debate whether another casino in the form of Moose Lodge 2671, which plans to have gaming machines, a bar and a pool table in a “fraternal club” type of atmosphere, should be allowed in Libby.

Despite Libby City Attorney Charles Evans' public acknowledgment of “three avenues that the city can take right now that will prohibit or inhibit” a casino, Libby Mayor Tony Berget questioned whether the decision should be put to a vote before Evans concurred with the building's owner, Brad Fuller.

“I believe the city has the sufficient authority to prohibit gambling, the sale of alcoholic beverages, and the prohibition of a business license for the Moose Lodge,” said Evans, listing Statute 235-171 among others, which pertains to the city exercising its right to zone where gambling occurs.

Evans also mentioned a statute citing that the city of Libby may oppose a business license that they feel is not in the best interest of the city.

But along with listing his reasons and rights in selling his building, Fuller mentioned a case called Yellowstone - in which the city was sued for blocking a business transaction.

“There's no legal basis for denying it at this point,” Fuller, a lawyer, said. “There's no zoning as of yet. I have to pay the bills,” he added.

Fuller said he wasn't threatening to sue the city, but he needed to find a buyer, even pitching the crowd about the 14,000 square feet of commercial space he has for lease.

“I have a $138,000 lease that is at stake here. I'm just in a situation where I need to pay the bills,” said Fuller.

In his presentation of his legal research for the City Council, Evans noted a case ruled on by a Montana District Court that denied the business license to the Town Pump in the City of Red Lodge and was upheld by the Montana Supreme Court in 1998.

At issue was if that City had the right to deny the application after it had already been submitted, similar to Libby's predicament. It was.

The business license has been on hold pending a decision by the City Council.

When pressed by Berget, Evans conceded he would meet with Fuller.

“I am more than willing to talk with Brad, so no decision is made by the City Council that does not have solid legal footing.”

The majority of attendees was against the casino, with less than half a dozen people raising their hand when Berget asked the crowd for a show of support for the intended Moose lodge.

One of those who spoke in opposition of the intended casino, was Associate Pastor Tony Shaw.

“This man has made a bad investment and he wants us to pay for it,” he said.

Shaw continued that the argument that Libby already has eight or nine casinos isn't legitimate - it was time to stop them.

“If I have eight or nine knives in me, what's one more?”

Venture Inn owner, Linda Gerard, commiserated with Fuller about all the bills from this winter involving snow removal on roofs and parking lots, but said the Moose Lodge should be located downtown away from the schools.

Ted Werner, who owns Ace Hardware and would be next to the casino, said although it might be too late to block the Moose Lodge this time, he hoped the City would come up with a plan that moves the city forward.

“I don't believe the Moose Lodge is going to add anything of value to Libby,” he said.

Mitch Fahland, Libby's newly sworn governor of the Moose Lodge 2671, told the council the virtues of the organization and the money it gives back to its communities, focusing on childrenand the elderly.

But one citizen summed up the view of many.

“I've heard of how community oriented the Moose Lodge is,” said Charles Reynolds. “My question to them is, are they community oriented enough to listen to the community?”

Other citizens said they wondered what Libby would be like in five years and hoped it wouldn't turn into a gambling town, but a family oriented place.

Council Walter McElmurry motioned to hold off the Council vote until the two attornies, Evans and Fuller could meet to discuss the legal ramifications.

“Everybody says they're going to sue the city,” said Berget. “But we have a judicial responsibility.”

The City Council will make a decision at their next meeting, Monday, March 3.