A Lane County court refused to hear arguments against a tribal casino near Florence on Friday and dismissed a lawsuit challenging the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians gaming compact with the state, saying the lawsuit was improperly filed.

In a four-page opinion rendered late Friday, Circuit Judge Karsten H. Rasmussen found that the lawsuit, filed by attorneys representing four members of People Against a Casino Town, was procedurally flawed.

The judge agreed with the state's motion asking for the case to be dismissed based on three grounds: that a writ of mandamus was inappropriate because the plaintiffs could not show there were no other legal remedies available; that the four plaintiffs failed to name the Confederated Tribes as defendants; and that the petition was not filed in a timely manner.

"Obviously we're ecstatic," said Tribal Administrator Francis Somday II. "This will be now the fourth court of law that has heard the case."

Two federal courts previously upheld the right of the Confederated Tribes to put a casino on a 98-acre stretch called the Hatch Tract.

In September, opponents filed a lawsuit in the state Supreme Court arguing the governor could not sign a gaming compact with a tribe because the state constitution prohibits casino gambling. The court refused to hear the case and casino opponents refiled the challenge against the state in Lane Circuit Court.

Arnold Buchman, one of the four plaintiffs, said casino opponents are following two roads in challenging the casino - a state tract and a federal tract. A week ago, Sen. Ron Wyden, D-Ore., meeting in Coos Bay, said he was prepared to send his top staffer to discuss the issue with both parties.

Tribal gaming has typically been a state issue since Congress passed a law in 1988 granting individual states the right to govern their own gambling rules, but Buchman was encouraged by Wyden's interest and said he still holds hope in that meeting.

"It is only Congress that can come up with solutions, real solutions to the underlying problem," Buchman said. "They hold the key to any and every issue having to do with Native Americans."

Somday said the tribes were willing to discuss the issue with Florence residents and with Wyden's staff. But he added that plans to build the casino would continue.

"The tribe is going to operate a lawful, legal, authorized gaming operation on its trust property near Florence, Oregon," Somday said. "That's what it is. There are no other issues as far as the tribe is concerned."

Construction on the casino began in December, when the tribes broke ground on a 16,000- square-foot casino that will include a restaurant. The project is expected to cost $12 million - down from an original proposal that would have cost $26 million - and will employ about 120 people. Somday said that at first, gaming will be limited to slot machines and some table games.

He said he expects the casino to be open by this spring Rhododendron Festival.