PITTSBURG, Kan. (AP) — The Kansas Lottery has granted an extension to a planned state-owned casino for a second time due to a lawsuit filed by Cherokee County and another casino company that wanted the contract to build and run it.

The Joplin Globe  reports that the lottery granted a 90-day extension to the Kansas Crossing Casino and Hotel Wednesday. The casino was originally supposed to open in July 2016.

Cherokee County and casino company Castle Rock filed a lawsuit claiming that the decision by state regulators to award the casino contract to Kansas Crossing in Crawford County was arbitrary.

Kansas Crossing got the contract even though its $70 million proposal was dwarfed by Castle Rock’s plans for a $145 million development.

Developer Bruce Christenson, the lead investor in the project, said the delay is a frivolous legal action.