HV Properties of Kansas wanted to sell about 200 acres for the casino site. It claims Penn owes it $37.5 million after walking away in September from its contract to run a state-owned casino.
Penn said the lawsuit should be dismissed because it validly withdrew from the contract. It also said HV Properties failed to state a claim on which relief can be granted.
An attorney for HV Properties said Wednesday it would file its response by Dec. 4. Penn filed the motion Tuesday in federal court.
Viewers with disabilities can get assistance accessing this station's FCC Public Inspection File by contacting the station with the information listed below. Questions or concerns relating to the accessibility of the FCC's online public file system should be directed to the FCC at 888-225-5322, 888-835-5322 (TTY), or email@example.com.