This week, officials from the Terre Haute Regional Airport gave the green light to a noise and avigation claims and non-lawsuit agreement with Churchill Downs Inc., which is currently working on the establishment of a long-awaited casino in Terre Haute.
As CasinoGamesPro reported, Churchill Downs is building the Queen of Terre Haute Casino Resort – a gambling, entertainment and accommodation venue estimated at $290 million, which is situated in the flight path approach to the region’s airport. The company revealed that it has already changed the height of its proposed hotel, adjusting it from 150 feet to 141 feet in line with the flight procedures of the Federal Aviation Administration.
Airport Attorney Scott Craig explained that the non-lawsuit covenant is a waiver of claims for the gambling venue. The agreement covers any third party who owns the property or uses the property drops the opportunity to claim damages resulting from aircraft using the navigable airspace. The non-lawsuit agreement does not cover any claims for damages that are inflicted on buildings should an airplane crash into them.
The non-lawsuit agreement, which is part of the Federal Aviation Administration’s requirements for development in close proximity to airports, is associated with the property and would eliminate claims such as the rattling of buildings or windows, airplane noise, and air quality. The easement will be available for any business that is constructing a facility around the airport.
Non-Lawsuit Protections to Cover a Longer Period of Time to Guarantee Casino Project’s Integrity
One of the airport board’s consultants, Monica Newhouse-Rodriguez, explained that the easement brought by the non-lawsuit covenant covers the aircraft’s emissions and suspends legal complaints for vibration, noise and “just flying over” someone’s property. She also noted that making such agreements is currently required by the Federal Aviation Administration.
Ms. Newhouse-Rodriguez further explained that once accepted by the airport, the FAA grant would protect the airport for a certain period. Such periods are defined, and the area is normally clearly defined in the counties’ zoning maps.
According to the consultant of the airport board, it is important for the aforementioned protections to be in place in perpetuity, especially in case another corporation takes over the property or the ownership of the land changes hands.
As mentioned above, the definition of “navigable airspace” that defines the real estate above an imaginary plane flying about 500 feet above the current ground level is included in the non-lawsuit agreement. The definition shall also include airspace necessary to ensure the safety of the aircraft landing and take-off.
Previously, Churchill Dows has revealed that its Queen of Terre Haute Casino Resort will feature a total of 34 gaming tables, 1,000 slot machines, as well as nine food and beverage areas. One of them will include a soda shop based on the original Coca Cola bottle that was once invented in Terre Haute. A 122-room luxury hotel will also operate as part of the project. The casino and hotel resort is scheduled to start operation in March 2024.
