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A group of local residents have tried to give a judge a petition supporting Bloomington billionaire William Cook in his court fight to gain control of the $382 million French Lick casino project.
The judge overseeing the lawsuits between Orange County Holdings LLC, which is run by Cook's son, and Indianapolis-based Lauth Property Group over the project's ownership has given them until Monday to submit arguments over whether the case should be handled through arbitration or by jury trial.
Orange Circuit Judge Larry Blanton said Tuesday that local casino supporters had tried to submit the petition to him.
"I told them not to give it to me," Blanton said.
Instead, the judge said he directed the group to the county clerk, who would date stamp it and deliver it to his office. But Blanton said he did not think it would be proper for him to read the petition as public opinion should not influence the court case.
"I don't want to open the envelope and look at it and see how many people there are who are my friends and neighbors," he said.
The lawsuits and arbitration documents unsealed last month include numerous accusations between the companies about spending, ownership interests and William Cook's role in the project in the town about 50 miles south of Bloomington.
Lauth claims that Cook, the CEO of The Cook Group, has spent lavishly on the hotel renovations, including gold and silver leaf gilding in a hotel lobby despite its absence from the budget.
Cook and Orange County Holdings claim that Lauth's business model is to spend as little of its own money as possible on any project, and once construction is complete, sell it to the highest bidder.
Orange County Holdings also claims that Lauth did not have some of its financing in place by an April 15 deadline as called for in an agreement between the ventures, and because of that must forfeit 25 percent of its 50 percent interest. Lauth claims that there was a mutual agreement to extend that deadline, and it still owns 50 percent of the project.
Lauth attorney Steve Hackney said Tuesday that the casino's operating agreement called for any disputes to be handled through arbitration.
"It's our belief, and I think the court seems to share it, that the arbitration process would be much quicker," Hackney said. "That's typically why parties engage in arbitration, because it's faster."
Bob Clark, an attorney for Cook, he said that when Lauth filed its lawsuit the arbitration agreement was waived.
"That is active participation in litigation, and when you do that, you do not have the right to arbitration," Clark said.
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