A former longtime land partner in the Catawba Indians' $700 million North Carolina casino has sued the tribe over trespass and property damage claims.
In its lawsuit, Kings Mountain Land Development Partners LLC says the tribe has significantly devalued the developer's land where the casino is under construction in Kings Mountain by carving it up.
The tribe has "run roughshod" over the developer's land by wrongfully removing dirt and fill, crushing rock to convert it into road material and improperly altering drainage on the property, the lawsuit says.
The property is being used "as if it belonged to the tribe," when workers are in effect trespassing, according to the complaint in Cleveland County Civil Superior Court.
It was unclear if the lawsuit, filed in October, will delay construction of the casino.
Raleigh lawyer Mike Mitchell, who represents the tribe in the case, told The Charlotte Observer on Wednesday that he was checking to see if he could respond to the newspaper's request for comment. Mitchell has not replied again.
The developer's claims stem from construction of the casino "and the violation of KMLD's property rights," Wally Fayssoux, a lawyer in Greenville, S.C., who represents the developer said in a statement to The Charlotte Observer.
"Because of the repeated abuses of KMLD's property rights, as stated in the Complaint, KMLD has revoked an easement previously granted to the Tribe by KMLD in 2021," Fayssoux said.
"KMLD seeks to recover compensatory damages, punitive damages and treble damages, as well as injunctive relief," according to the statement.
The Catawba Nation, based in Rock Hill, S.C., has operated a single-level, temporary casino at the site since 2021. Tribal officials said they plan to open the first phase of their permanent, 2-million-square-foot Catawba Two Kings Casino Resort in early 2026.
Donald Trump Jr. attended the June groundbreaking for the casino, off Interstate 85 exit 5 about 35 miles west of Charlotte.
The lawsuit asks for a jury to award at least $125,000 in damages to Kings Mountain Land Development Partners. Charlotte lawyers James Wyatt and Robert Fuller and Shelby lawyer Will Meekins filed the complaint.
In its complaint, the developer says it granted two easements to the tribe to build the casino.
According to the lawsuit, the tribe disregarded the easement boundaries, "taking actions and making decisions to save time during construction in order to begin full casino operations sooner, with its attendant substantial revenue generation."
The tribe announced plans for the casino and a parking deck on May 31, the lawsuit says. The tribe "then proceeded to trespass on KMLD's land" and dig up the property, according to the complaint.
The developer worked with the tribe for years, because the developer owned several tracts totaling 67 acres at the site, the lawsuit says.
In 2018, the tribe agreed to buy 17 acres from the developer to place into a trust, according to the complaint.
The developer's parent company, Kings Mountain Sky Boat Partners LLC, and the tribe "had extensive discussions and made plans concerning the construction of the new casino," the lawsuit says.
When the National Indian Gaming Commission declined to approve the original casino plans, the developer and the Catawba reached a "payment agreement," according to the lawsuit.
The tribe agreed to compensate the developer "and its affiliates for use of the surrounding land and their tireless efforts and investment in establishing the Two Kings Casino," the lawsuit says.
The commission ultimately approved the 2023 payment agreement, but new tribal leadership "refused to honor" the agreement unless the developer also agreed to sell an adjacent 9.4-acre parcel to the tribe, which it did, the lawsuit says.
As part of the sale of the 9.4 acres, the developer granted the two easement rights to the tribe to enable construction of the casino, according to the complaint.
The lawsuit says the tribe "trampled" on the easement rights by its construction crews repeatedly trespassing on and damaging the developer's land, including by removing dirt and rock and grading and sloping the property without permission.