Judge upholds Department of Revenue denial of license to proposed casino

His ruling said Mary Bryson's decision was supported by the record and there was nothing to suggest her decision was an unwarranted abuse of discretion.

Bryson's decision overturned a favorable recommendation by one of her department's hearing examiners.

Two Helena couples alleged Bryson dashed their hopes of opening a casino in the Helena Valley.

"Of course we're very disappointed," said Vickie Flies said Tuesday. She also said she was unsure what the other three partners in the venture would do next.

The Wild Card Casino proposal came under fire in 1998 when the promoters purchased a beer and wine license in hopes of opening the casino at the former location of a restaurant.

Because zoning in the area allows for eating and drinking establishments, the Lewis and Clark County Commission said it was powerless to stop the casino from opening. So area residents focused on convincing the Department of Revenue to deny the transfer of the license.

The group was unsuccessful in convincing one of the department's hearing examiners that the casino plan should be quashed, but its pleas were heard by Bryson.

She cited several reasons for her denial, including the effect it would have on noise, area traffic and other environmental factors - especially wastewater discharge.

Bryson said Tuesday she is pleased Sherlock upheld her decision. The outcome of this dispute has provided the department with a better understanding of the burden of proof in these types of cases, she said.

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